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9th Circuit: Sanctions Under FRCP 45(c)(1) Not Justified Merely Because Party Seeking Discovery Failed to Prevail

Loaded on Aug. 15, 2013

Filed under: Civil Procedure, Discovery, Sanctions. Location: Michigan.

In November 2012, the Ninth Circuit reversed a district court’s sanction order granting attorney fees and costs under Fed. R. Civ. P. 45(c)(1), holding that sanctions are inappropriate merely because, during discovery, a party sought a subpoena by advocating position that was insufficient to withstand a motion to quash. Permissible ...

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