Closing The Loop

Articles on sanctions

9th Circuit Judge Takes Goodyear Lawyers to Task for ‘Disgraceful’ Discovery Misconduct

In the summer of 2003, the Haeger family loaded up their motorhome and headed east for a medical conference. As they were driving down the highway, their Goodyear tire blew out, sending their Gulf Stream careening off th... Casey C. Sullivan, Esq.   |     12 Jun 2017

When It Comes to Spoliation Sanctions, It’s Still 2014 in Some Courts

Looking back, 2014 was a pretty good year. Barack Obama was president, the “Lego Movie” was a box office hit, and everyone was dumping buckets of ice on their head for charity. But if you’re feeling nostalgic for those g... Casey C. Sullivan, Esq.   |     22 May 2017

Judge Scheindlin on the Goodyear Decision, Inherent Authority, and Sanctions

Over her nearly 22 years on the bench, Judge Shira A. Scheindlin left her mark on everything from the trial of John Gotti Jr., to the New York Police Department’s “Stop and Frisk” policy. But many of Judge Scheindlin’s b... Casey C. Sullivan, Esq.   |     15 May 2017

5 key cases from a year of spoliation sanctions chaos

Prior to the dramatic changes to Federal Rule of Civil Procedure 37(e) just more than a year ago, fear of sanctions played a disproportionately large role in controlling the behavior of lawyers in civil litigation. While... Robert Hilson   |     20 Jan 2017

eBook: 10 Ways to Get Sanctioned in Modern Litigation

The explosion of electronic information in litigation has provided lawyers with a variety of new and creative ways to hurt themselves, their cases, their clients and their careers. While it may be true that, at least at ... Robert Hilson   |     29 Nov 2016

Don't be that guy whose case gets tossed for waiting on his vendor

Federal judge scolds plaintiff and counsel for "lame excuse," "inflicting nightmare" upon opposing party Robert Hilson   |     16 Nov 2016

For mere 'irresponsible behavior,' court reaches for Rule 37's heavy artillery

When Rule 37(e), which outlines penalties for spoliating ESI, was amended last year, it was for the purpose of implementing a national standard intended to give some clarity as to how and under what circumstances sanctio... Robert Hilson   |     11 May 2016
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