'Goodyear' Puts Limit on Sanctions Remedy for Misconduct
Every jurisdiction's court (federal and state) has the authority to sanction a party and its counsel for litigation misconduct. These sanctions tend to divide based on severity—from most severe to least: sua sponte (a court's inherent authority); vexatious multiplication of proceedings; frivolity; and discovery noncompliance. Each of these degrees of sanctions carry with it attendant sanctions damages. Likewise, each requires a greater level of intent (i.e., from the intentional "defilement" of the court to neglect).
September 14, 2017 at 04:44 PM
5 minute read
Every jurisdiction's court (federal and state) has the authority to sanction a party and its counsel for litigation misconduct. These sanctions tend to divide based on severity—from most severe to least: sua sponte (a court's inherent authority); vexatious multiplication of proceedings; frivolity; and discovery noncompliance. Each of these degrees of sanctions carry with it attendant sanctions damages. Likewise, each requires a greater level of intent (i.e., from the intentional “defilement” of the court to neglect).
Presuming conduct is sanctionable, the remedy may range from a strong oral rebuke to attorney fees shifting to discipline.
In the case of catastrophic malfeasance, what is the strongest sanction remedy a court may impose?
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