RWL Attorney Mike Berman Pens Article Regarding Maryland Supreme Court’s Ruling on Proposed Sanctions Rule

MSBA published an article by RWL Attorney Mike Berman regarding the Maryland Supreme Court’s rejection of a proposed sanctions rule to parallel Fed.R.Civ.P.37(e). The Supreme Court did adopt an amendment to Maryland Rule 2-433, which governs sanctions in Maryland state courts. The amended Maryland Rule 2-433(b) abandons the shallow “safe harbor” rule and adopted “reasonable anticipation” of litigation as the event triggering the common-law duty to preserve.

The article can be read here:  http://Maryland Supreme Court Rejects Proposed Sanctions Rule Paralleling Fed. R. Civ. P. 37(e)