The Ninth Circuit applied an "inherent authority" analysis without even mentioning Rule 37 and affirmed "$36 million in evidentiary and terminating sanctions against one defendant for another defendant's discovery failings."
In a February 22, 2022, order, the U.S. District Court for the Central District of California stated that Topolewski showed no respect for the Court or the judicial process, leading to the $36 million sanction.
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