Addressing an issue of first impression, the Second Circuit held recently that bankruptcy courts have inherent authority to impose non-nominal civil contempt sanctions, including per diem sanctions and attorneys’ fees, arising out of an attorney’s failure to comply with the bankruptcy court’s discovery orders.
Civil Contempt
Arizona Sheriff’s Criminal Contempt Charge Reinforces Importance of Compliance with Civil Orders
By Shawn S. Ledingham Jr. on
President Andrew Jackson is reported (likely inaccurately) to have flaunted a Supreme Court decision by retorting, “John Marshall has made his decision; now let him enforce it!” Any litigant who has been on the receiving end of an unwanted court order may find this sentiment a familiar one. As a federal judge in Arizona recently reminded Maricopa County Sheriff Joe Arpaio, however, refusal to comply with a court order in a civil lawsuit can be criminal. Neither Presidents nor Sheriffs are above the law when it comes to complying with a civil order, and other civil litigants would do well to remember the consequences of such disobedience.