The Impact of Rule 502(d) on Protective Orders — Updated 2012 Draft 502(d) Orders

Gregory P. Joseph*     On September 19, 2008, the President signed into law Federal Rule of Evidence 502 (Attorney-Client Privilege and Work Product; Limitations on Waiver). It applies to previously-filed cases in the discretion of the trial judge and to all cases filed on and after September 19, 2008, without exception.   ...

§ 1927 Sanctions May Not Be Ordered Paid to the Court — Inherent Power Sanctions May Be Imposed Even If Rule 11 Procedural Requirements Violated — Post-Judgment Inherent Power Sanctions

Melliott v. MSN Commc’ns, Inc., 2012 U.S. App. LEXIS 15218 (10th Cir. July 24, 2012): John R. Olsen, who was the plaintiff's attorney in the underlying district-court action, and his law firm appeal a Fed. R. Civ. P. 11 sanction imposed on them. Although we sympathize with the district court's frustration with Mr. Olsen's conduct, the sanction was not imposed in compliance with Rule 11's procedural requirements. Accordingly, we reve ...

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