Friday, December 21, 2007

Sanctions Issue Submitted To Supreme Court

In Scott v. Metropolitan Health Corp., 2007 U.S. App. LEXIS 8103 (6th Cir., Apr. 3, 2007), petition for cert. filed (07-360), the Sixth Circuit affirmed a $1.6 million sanction against plaintiff , pursuant to its "inherent powers", finding that Ms. Scott had acted with subjective bad faith. Recently, the National Employment Lawyers Association and the National Whistleblower Center filed an amicus brief in support of Ms. Scott's petition for cert. The principal issue presented is whether imposing sanctions without holding a hearing constitutes a violation of the Due Process Clause.

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