Eighth Circuit Reverses Sanctions Order Requiring Attorney to Produce Discovery Conduct Training Video

The U.S. Court of Appeals for the Eighth Circuit reversed a highly-publicized and unusual sanction issued by a federal judge in Iowa that sanctioned a Jones Day partner, post-trial, for alleged obstructionist deposition objections by requiring her to "write and produce a training video in which [she], or another partner in [her] firm, appears and explains the holding and rationale of [the district court's] opinion, and provides specific steps lawyers must take to comply with its rationale in future depositions in any federal and state court."  The Eighth Circuit held that the sanction was inappropriate because “no advance notice was given of the unusual nature of the sanction being considered,” thereby denying the lawyer an opportunity to respond. [8/28/15]