NCJ Number
91116
Journal
Judges' Journal Volume: 21 Issue: 4 Dated: (Fall 1982) Pages: 14-19,50-51
Date Published
1982
Length
8 pages
Annotation
This article perceives indications of the expansion of the court's inherent powers to impose monetary sanctions against an attorney for misconduct, which suggest an evolutionary development in American law in respect to the recoverability of legal fees from the losing party.
Abstract
Reasons for such a contention are a legislative reversal of the California Supreme Court's decision denying inherent power and the U.S. Supreme Court's endorsement of the doctrine in a recent amendment to the Federal cost statute. The use of inherent powers as a judicial tool to punish and redress litigation abuse is reviewed in terms of procedural due process and conduct standards. A total of 11 references are given.