Partner James Munisteri Discusses Creative Sanctions with Law360

18 August 2014 News

Law360 highlighted ways litigants are getting creative to impose meaningful sanctions on wealthy companies. State law requires that court-imposed sanctions be proportional and bear a direct relationship to a party's objectionable conduct. As a consequence, financial penalties are typically modest, except in egregious cases where the bad actor is usually a repeat offender. That's what makes creative punishment options alluring.

"The most impactful sanctions are the ones that affect the lawsuit itself," said Gardere Partner James G. Munisteri. "Especially if there are multiple lawsuits pending that involve the same issues."

But there are limits. As with monetary sanctions, the punishment must fit the crime if an alternative penalty is to be upheld on appeal. Imposing the "death penalty" on a party's case is viewed by most courts as an option of last resort because the extreme measure can violate constitutional rights if a lesser remedy was available. It usually pays to come up several options for a court to consider, Mr. Munisteri said.

Subscribers can access the full article here.

Related Services

Insights

RCE PTA Carve-Out Resumes After Interference
18 September 2019
PharmaPatents
The Ninth Circuit Expected to Rule that Doctors Can Be Wrong in the Winter v. Gardens False Claims Act Case
18 September 2019
Legal News: Government Enforcement Defense & Investigations
Upcoming Webinar: Maximizing Solar Tax Credits - Navigating the Start of Construction Rules (Part 1)
17 September 2019
Renewable Energy Outlook
When Birds Finally Find a Nest
17 September 2019
Dashboard Insights
Lacktman, Ferrante Cited in mHealth Intelligence About Ryan Haight Act
19 September 2019
mHealth Intelligence
Tinnen Discusses How Viewpoint Diversity Helps Businesses Thrive
18 September 2019
InsideTrack
Vernaglia Comments on AHA v Azar Decision
18 September 2019
MedPage Today
Lach Comments on Launch of New Group
16 September 2019
BizTimes Milwaukee
MedTech Impact Expo & Conference
13-15 December 2019
Las Vegas, NV
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
BRG Healthcare Leadership Conference
06 December 2019
Washington, D.C.
CTeL Telehealth Fall Summit 2019
04-06 December 2019
Washington, D.C.