Higher court overturns dismissal of law firm's complaint for fees

The Miller, Canfield law firm failed to file a "joint trial binder" in accordance with the trial court's pre-trial scheduling order.  The trial judge then dismissed its claim against Kerry Steel, Inc.  On appeal, the Court of Appeals overturned the dismissal, finding that the drastic response to violation of the court order was excessive, particularly given the court's failure to document any prejudice resulting to the Defendant.  While this is probably the right result, plaintiffs who lack influence and  "friends in high places" routinely suffer the dismissal of their claims as a result of non-compliance with court orders:  and most must produce an "excuse" that is more substantial than Miller, Canfield's rationalization that it was so busy attempting to settle the claim that it didn't have time to comply with the court's order.