Court’s common law inherent power to sanction.
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March 24, 2026
Published by Michael Berman at March 24, 2026
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There is nothing new about “hallucinations” from GenAI. A recent decision explains and applies what now appears to be settled law under Fed.R.Civ.P. 11. Brownfield v. Cherokee Co. School Dist., 2026 WL 777230 (E.D. Ok. Mar. 19, 2026). A recent appellate decision applying Fed.R.App.P. 38 and common-law inherent authority is Whiting v. […]
May 19, 2025
Published by Michael Berman at May 19, 2025
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In Cooper v. Baltimore Gas & Electric Co., 2025 WL 1416943 (D. Md. May16, 2025)(Coulson, J.), the Court did justice and partially rescued a party that overreached by moving for sanctions under Rule 37(e)(2) while not making an alternative, “belts and suspenders” request under Rule 37(e)(1). Defendants moved for “game ending” sanctions […]
May 14, 2021
Published by Michael Berman at May 14, 2021
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In two recent decisions, the District of Maryland has imposed sanctions for failure to properly investigate a client’s documents. Taken together, Bioiberica Nebraska and Membreno show that the Court expects a reasonable inquiry into information that is within a party’s possession, custody, or practical control. Filings or representations that contradict such information […]
December 25, 2020
Published by Michael Berman at December 25, 2020
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In In Re: Smith & Nephew Birmingham Hip Resurfacing (Bhr) Hip Implant Products Liability Litigation, MDL No. 2775, Master Docket No. 1:17-md-2775 (D. Md. Dec. 23, 2020), the Court denied a sanctions motion, attributing a failure to produce an inconsistent email to search parameters that were too narrow. The Court held that […]