Judges and Judiciary
Nov. 26, 2016
ABA argues for expanded due process in civil sanctions hearings
In a U.S. Supreme Court case that could limit judicial discretion on attorney sanctions for bad faith, the American Bar Association argued that lawyers should have criminal due process protections any time a civil fee-shifting sanction looks high enough to be punitive rather than simply compensatory, according to an amicus brief filed Monday.
Daily Journal Staff Writer
In a U.S. Supreme Court case that could limit judicial discretion on attorney sanctions for bad faith, the American Bar Association argued that lawyers should have criminal due process protections any time a civil fee-shifting sanction looks high enough to be punitive rather than simply compensatory, according to an amicus brief filed Monday.
Such a position would gi...
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