In Winecup Gamble, Inc. v. Gordon Ranch LP, the Ninth Circuit Court of Appeals ruled that the Nevada district court erred in imposing terminating sanctions against the plaintiff (counter-defendant-appellant) for Rule 37(e) sanctions and reversed the ruling, vacated the judgment, and remanded for further proceedings before a different judge “[b]ecause the district court has now twice erroneously issued pretrial orders terminating the case”.
Appellate Court Remands Plaintiff’s Terminating Sanctions for the Second Time: eDiscovery Case Law — eDiscovery Today by Doug Austin