Download Sanctions - Civil Procedure - Lecture Slides and more Slides Civil procedure in PDF only on Docsity! Agenda for 12th Class • Name plates out • Experts & Privacy continued • Sanctions Docsity.com Next Class • FRCP 56 • Yeazell pp. 581-96 • Questions to think about / writing assignment – Briefly summarize Celotex and Bias • In your summaries of Celotex, be sure to discuss what evidence each side submitted to the court? Why was plaintiff’s evidence not clearly sufficient to defeat defendant’s summary judgment motion? Why was defendant’s evidence possibly sufficient for its summary judgment to be granted? • In your summary of Bias, be sure to discuss what evidence each side submitted to the court? Why did the court grant summary judgment to the defendant? – Yeazell pp. 581ff Qs 1, 2c – Yeazell pp. 588ff Qs 1c, 5 – Yeazell p. 596 Q4 – Questions on next page • Optional Glannon Ch 23 Docsity.com Sanctions • Rule 11 does not apply to discovery. See 11(d) • FRCP 26(g). Very similar to Rule 11, except applies to written aspects of discovery – Discovery requests, responses, or objections must be signed by lawyer – Disclosure is complete – requests, responses, or objections are warranted by law or non-frivolous argument to change the law, not for improper purpose, not unreasonable or unduly burdensome – Sanctions are mandatory. May include fees to opposing counsel • FRCP 30(d). Depositions – Court may impose sanction (including lawyer’s fees) if person impedes, delays or frustrates deposition • FRCP 37(a) motion to compel – If granted, court must award attorneys fees • FRCP 37(b). Discretionary sanctions for failure to obey court order • Lots of other sanctions provisions Docsity.com Questions on Sanctions • Yeazell p. 510 Qs 1-5 • 1) In Phillips v Manufacturers Hanover Trust, what rule, if any, did defendant’s counsel violate? Be sure to consider FRCP 11, 26(g), 30(c),30(d), 37(a)(4), 37(b) and 37(d) and explain why each rule was or was not violated. Note that the Rules have been amended several times since 1994, so the reasoning in the opinion may no longer be valid. • 2) For each rule that you think the defendant’s lawyer violated, what is the sanction? Are sanctions mandatory or discretionary? • 3) Did the magistrate judge make the right decision in Phillips v Manufacturers Hanover Trust? If you were a law clerk to Judge Francis what would you have advised him to do? • 4) What, if anything, should the plaintiff’s lawyer in Phillips v Manufacturers Hanover Trust have done differently? • 5) If the plaintiff’s lawyer asked the district court judge to review the magistrate judge’s decision, is the district court judge likely to affirm the magistrate judge’s decision Docsity.com
