Discovery Sanctions Lifted, But Beware

Reprinted with permission from FindLaw.com

In early 2008, a federal magistrate in San Diego ordered significant discovery sanctions to the tune of $8.5 million dollars against the plaintiff in the Qualcomm Incorporated v. Broadcom Corporation case, which deals with discovery conduct.

The magistrate found that a large quantity of documents had been suppressed from discovery. The attorneys who were sanctioned objected and a federal judge ruled that they had a due process right to defend themselves and that they should not be prevented from explaining their own conduct in the discovery process because of the attorney-client privilege.

Now more than two years later, and after apparent negative impact on some of their careers, the magistrate on remand has decided that they should not be sanctioned. Still, the magistrate's most recent order should be a warning to others about how to guide their discovery conduct.