Excessive Sanctions Overturned

The Oklahoma Supreme Court held that sanctions were improperly imposed against an attorney who had violated confidentiality provisions of the Mediation Act by disclosing protected information in a pleading. The court concluded:

The passenger’s counsel did notdisclose the settlement offer before a jury or even to Judge Lucas, whowas presiding over the trial. He made the offending disclosure in amotion for sanctions filed with Judge Hetherington. His disclosurecould not possibly have affected the insurer’s liability on theunderlying claim. While Judge Hetherington did conduct a hearing on theparties’ motions for sanctions, the passenger was never given anopportunity to withdraw or amend his motion for sanctions. Impositionof sanctions under these circumstances was premature and excessive.Because the trial court had no authority to sanction the passenger’scounsel under §2011(C)(a) and an order of sanctions under thecircumstances of the cause was an excessive extension of the trialcourt’s inherent powers, the trial court abused its discretion bysanctioning the passenger’s counsel.

The sanction was $2500. The case arose out of an intersection collision. (Mike Frisch)