Fourth District, Division 3 Decides Conflict Unwaivable and Disqualification Order Sustained Under Inherent Authority Of Trial Court. (calattorneysfees.com)
According to the Committee Note to Rule 37 (e), the amended rule forecloses courts from relying on inherent authority in determining which measures should be used to address the loss of electronically stored information. (iaals.du.edu)
It seems likely that this strong reaffirmation of inherent authority for discovery sanctions will encourage those judges that continue to view it as an option for circumstances not well - addressed by amended Rule 37 (e). (xactdatadiscovery.com)