Tag Archives: Inherent Authority

District Court Did Not Err in Denying Defense Attorney Leave to Show Previously-Unseen Video Clips During Closing Argument, Holds Eleventh Circuit

In United States v. Simmons, No. 22-12148 (11th Cir. Dec. 6, 2024), the Eleventh Circuit affirms a drug and firearm possession conviction, holding that the district court did not err by preventing the defense lawyer from showing excerpts from a video exhibit in closing arguments that were not previously shown to the jury. “During itsContinue reading “District Court Did Not Err in Denying Defense Attorney Leave to Show Previously-Unseen Video Clips During Closing Argument, Holds Eleventh Circuit”

Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit

In Vega v. Chicago Bd. of Ed., No. 23-1183 (7th Cir. July 29, 2024), the Seventh Circuit affirms in part and reverses in part sanctions awarded by the district court under 28 U.S.C. § 1927 and the court’s inherent authority after an acrimonious deposition that allegedly led to a physical confrontation. “On July 13, 2017,Continue reading “Alleged Shoving Match Between Counsel at a Deposition Leads to Sanctions and an Appeal to the Seventh Circuit”

Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers

In J.C. Penney Corporation, Inc. v. Oxford Mall, LLC, No. 22-12461 (11th Cir. May 1, 2024), the Eleventh Circuit affirms in full an attorney’s fee sanction, awarded against a defendant that was found to have withheld information for fifteen months that the parties were not diverse for purposes of 28 U.S.C. § 1332 subject-matter jurisdiction.Continue reading “Defendant’s “Strategic Decision” to Withhold Challenge to Diversity Jurisdiction for Fifteen Months Warrants $62,556 Attorney’s Fee Sanction Under Court’s Inherent Powers”

First Circuit, Departing from Second Circuit, Holds that Federal Courts Lack Authority to Release Grand Jury Records in “Historically Significant” Cases

In In Re Petition Records Release (Lepore v. United States), No. 20-1836 (1st Cir. Feb. 28, 2022), the First Circuit sidesteps whether federal courts have inherent authority to release grand jury proceedings from long-completed cases, outside of Fed. R. Crim. P. 6(e). It instead holds, whether or not such power exists, it cannot be exercisedContinue reading “First Circuit, Departing from Second Circuit, Holds that Federal Courts Lack Authority to Release Grand Jury Records in “Historically Significant” Cases”

Second Circuit Reminds Courts That They Have Inherent Authority to Sanction Litigant for a Single Misrepresentation, Even If the Court Was Not Misled

In Int’l Techs. Mktg., Inc. v. Verint Sys., Ltd., No. 19-1031 (2d Cir. Mar. 16, 2021), the Second Circuit vacates and remands an order denying sanctions, reiterating that “a court need not wait until it is defrauded before it may impose monetary sanctions on a party who knowingly prosecutes a frivolous claim in bad faith.”Continue reading “Second Circuit Reminds Courts That They Have Inherent Authority to Sanction Litigant for a Single Misrepresentation, Even If the Court Was Not Misled”

“Inherent Power” Sanction Against Second Failed TRO Motion Upheld by Split Eighth Circuit Panel

An internecine battle for control of the Eagle Forum – Schlafly  v.  Eagle Forum, No.  19-2174 (8th Cir. July 30, 2020) – leads to a $9,851.25 attorney’s fees sanction under the district court’s “inherent power,” an award affirmed by a divided Eighth Circuit panel.    Plaintiff Andrew L. Schlafly, son of Eagle Forum founder PhyllisContinue reading ““Inherent Power” Sanction Against Second Failed TRO Motion Upheld by Split Eighth Circuit Panel”