News & Analysis as of

Sanctions Abuse of Discretion

McDermott Will & Schulte

No specifics, no case? DTSA trade secret disclosure timing differs from CUTSA

The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more

Lathrop GPM

Eighth Circuit Court of Appeals Affirms Dismissal of Case Based on Plaintiff’s Dishonesty

Lathrop GPM on

Last month, the U.S. Court of Appeals for the Eighth Circuit affirmed a sanction decision of the U.S. District Court for the District of Minnesota, ruling that the lower court’s dismissal of the plaintiff’s case for lying in...more

Knobbe Martens

Federal Circuit Review - August 2017

Knobbe Martens on

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Rumberger | Kirk

The Degrees of Truth: When is Dismissal with Prejudice Warranted?

Rumberger | Kirk on

An essential principle of our legal system is that people are supposed to tell the truth, the whole truth, and nothing but the truth. Yet although individuals giving testimony swear an oath to tell the truth, they often have...more

King & Spalding

ITC Section 337 Update – October 2015

King & Spalding on

ITC Proposes Extensive Changes To Rules For Adjudicating Section 337 Investigations – On September 24, 2015, the Commission published a Notice of Proposed Rulemaking in the Federal Register announcing proposed changes to its...more

McDermott Will & Emery

Contempt Charge Vacated Based On Valid Assertion of Attorney Client Privilege - Waste Management of Washington, Inc. v. Kattler et...

McDermott Will & Emery on

Finding that a district court had not provided procedural due process to an attorney for a sanctioned party, and that the district court abused its discretion in imposing sanctions for civil contempt against the attorney, the...more

McDermott Will & Emery

Exaggerated Allegations Based on Essentially No Evidence Equals Rule 11 Sanctions - Heller v. Cepia L.L.C.

The U.S. Court of Appeals for the Ninth Circuit affirmed the imposition of Rule 11 sanctions of $5,000 on a plaintiff’s attorney for exaggerating allegations in a complaint. As the court explained, the mere “presence of some...more

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