Discovery Sanctions Get Sanctioned

By Alan Hoffman, Husch Blackwell LLP (May 16, 2017, 10:37 AM EDT) -- On April 18, 2017 the United States Supreme Court did something unusual: it decided a discovery issue. In Goodyear Tire & Rubber Company v. Haeger, ___ U.S. ___, 137 S.Ct 1178 (2017), it reversed a $2.7 million sanctions order for bad faith discovery misconduct.

And in Security National Bank of Sioux City v. Jones Day, 800 F. 3d 936 (8th Cir. 2015), another recent high profile discovery case, the Eighth Circuit reversed a district court sanctions order requiring a lawyer to write and produce a training film on deposition conduct as a punishment for "obstructive deposition practices." Each of these cases...

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