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2025 Articles

Inherent Federal Court Sanctioning Authority By Jeffrey A. Parness January 2025 In Keyes Law Firm, LLC v. Napoli, (4th Cir. 2024), the court provided primers on the inherent sanctioning authority of federal courts for civil litigation misconduct and on the guidelines for determining related attorney fee awards. In doing so, it recognized that some problematic state court conduct could prompt federal court sanctions and that the fee award norms for such conduct should differ from those employed in many fee-shifting statutes.
1 comment (Most recent January 27, 2025)
Without Further Ado: Third Circuit Limits Discovery on Motions to Compel Arbitration By Bassam F. Gergi January 2025 More than a decade after its seminal decision in Guidotti v. Legal Helpers Debt Resolution, L.L.C., the Third Circuit Court of Appeals has clarified that a plaintiff’s claims may be sent straight to arbitration, without any discovery, if there is no challenge to an arbitration agreement’s existence or validity.