U.S. Supreme Court
Apr. 21, 2017
A court's power to impose sanctions
On Tuesday, the U.S. Supreme Court reaffirmed that federal courts have the inherent power to impose sanctions on parties and lawyers, but it held that the amount is limited to the fees that the innocent party incurred solely because of the misconduct.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
On Tuesday, the U.S. Supreme Court reaffirmed that federal courts have the inherent power to impose sanctions on parties and lawyers, but it held that the amount is limited to the fees that the innocent party incurred solely because of the misconduct. InGoodyear Tire & Rubber Co. v. Haeger, 2017 DJDAR 3692, the court said that the sanctions are restricted to the "fees that the party would not have incurred but for the bad faith."
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