Ethics

Ethics: Crime in Bankruptcy

Temporary Allowance Under Rule 3018(a): Patterns and Precepts

Oct 2022

No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.

Loose Lips Sink Ships: Mediation Confidentiality, Privilege and Ethics

Rule 11 Motion for Sanctions May Be Filed After Final Judgment, Eleventh Circuit Says

A motion for sanctions may be filed after judgment, as long as the 21-day safe harbor has elapsed before judgment.

Ethics

Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.