The Court of Appeals has issued two very recent opinions that remind us that parties may not be sanctioned without proper notice. The party must have notice not only of the fact that sanctions are on the table but also of the specific basis for those sanctions.
In both cases, the defendant was given a severe sanction that effectively decided the issue of liability in the plaintiffs’ favor. In neither case did the Court of Appeals suggest that the sanctions themselves were out of proportion to the conduct. The sanctions were reversed because due process demands a degree of notice not provided in either situation. Continue Reading