Inherent Authority – Paul Mollica's Federal Courts Blog

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”