10th Circ. Undoes $443K Discovery Sanction Against Enable

Law360 (October 23, 2020, 7:41 PM EDT) -- The Tenth Circuit freed Enable Midstream Partners LP from a discovery sanction of $443,000 Friday, saying it had been wrongly punished for failing to produce documents in a class action that accused a customer, Apache Corp., of underpaying royalties to mineral rights owners.

U.S. Circuit Judge Allison H. Eid, writing for a unanimous panel, vacated an Oklahoma federal court's orders that compelled Enable and two of its units to produce nearly a decade's worth of records related to contracts with its biggest client, Apache, and then sanctioned the company, which is not a party to the underlying litigation, when it did...

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