Docket Number: 
United States Court of Appeals for the District of Columbia Circuit
MWELA Amicus by Alan Kabat
Filing Date: 
November 29, 2012

Sanctions are an important tool in managing civil litigation, including employment discrimination cases. However, sanctions can be misused by imposing the most drastic, case-ending sanctions without proper consideration of whether lesser sanctions would appropriately address the challenged conduct, thereby properly allowing the parties to have their day in court.
MWELA respectfully submits that this Court should, consistent with its prior precedent, confirm the law governing Rule 41 sanctions by holding that it was reversible error for the district court to have dismissed an employment discrimination complaint based upon conduct at trial without proper consideration of lesser sanctions, such as a curative or limiting instruction, thereby allowing the jury to judge the merits of the employment discrimination claims.