News & Analysis as of

Due Process Sanctions Appeals

Carr Maloney P.C.

Due Process is due for sanctions under Va. Code § 8.01-271.1

Carr Maloney P.C. on

In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and...more

McDermott Will & Emery

CEO Punches Ticket and Avoids Sanctions Based on Receiving Confidential Documents

McDermott Will & Emery on

Addressing protective order violations, the US Court of Appeals for the Fifth Circuit largely vacated a district court’s sanctions order. The Court explained that sanctions must comply with due process, barring parties from...more

BCLP

Ninth Circuit Declines To Decide When Contempt Sanction Becomes Punishment

BCLP on

Bankruptcy courts have authority to hold in civil contempt one who refuses to comply with a bankruptcy court order, including incarceration and/or daily fines until the offender complies. But when does civil contempt cross...more

Foley & Lardner LLP

Federal Circuit Finds Regeneron Transgenic Mouse Patent Invalid For Inequitable Conduct With Intent Inferred From Litigation...

Foley & Lardner LLP on

In a 38 page decision with a 19 page dissent by Judge Newman, the Federal Circuit determined that Regeneron’s transgenic mouse patent is unenforceable due to inequitable conduct. The decision was rendered in Regeneron...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

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