United States Fifth Circuit

The district court exceeds the Circuit Court's mandate on remand to calculate sanctions to be imposed for discovery violations when it: (1) redetermines whether and against whom sanctions should be imposed; (2) imposes sanctions and attorney's fees pursuant to its inherent power, rather than Federal Rule of Civil Procedure Rule 37; and (3) assesses sanctions against an individual who was not sanctioned in the original order.

Appellate Information

• Decided 03/06/2002
• Published 03/06/2002

Judges

• RHESA HAWKINS BARKSDALE, Circuit Judge:, Before DAVIS, WIENER, and BARKSDALE, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Anthony P. Griffin (argued), Anthony P. Griffin Inc., Galveston, TX, for Tollett., John J. Hightower (argued), Olson & Olson, Houston, TX, for Helfand., Ramon Gustave Viada, III (argued), Abrams, Scott & Bickley, Houston, TX, for City of Kemah.