Citations
- 971 F.2d 926
Full opinion text
ALTIMARI, Circuit Judge:
Non-party appellant Samuel A. Abady, the former attorney for defendants Shapol-sky Publishers, Inc. et al. (“the Publishers”), appeals from the December 10, 1991 order of the United States Court for the Southern District of New York (Edelstein, «/.), which held him in contempt for willful violation of the district court’s discovery order. See Fed.R.Civ.P. 37. In addition to holding Abady in contempt, the December 10 order awarded attorneys’ fees and costs to plaintiff pursuant to, alternatively, Rule 37 or 28 U.S.C. 1927 (1988).
On appeal, Abady challenges the contempt citation contending that the district court was without subject-matter jurisdiction to impose sanctions. Abady further argues that the contempt order was imposed in violation of his constitutional right to due process. Abady also maintains that coercive sanctions are inappropriate here because he is unable to comply with the district court’s order due to his termination as defendants’ counsel. Finally, Abady asserts that the conduct underlying the contempt order was an appropriate, non-sanc-tionable legal strategy.
For the reasons set forth below, we vacate the district court’s order and remand the case for proceedings in accordance with this opinion.
BACKGROUND
The underlying action which gave rise to the present appeal is the contentious litigation between plaintiff-appellee Harris 0. Schoenberg, the author of “A Mandate for Terror: The United Nations and the PLO”, and defendants Shapolsky Publishers (“Shapolsky”), its president, Ian Shapolsky, and Steimatzky Publishing of North America, Inc. (“Steimatzky”), concerning the allegedly unauthorized publication of Schoenberg’s manuscript. On January 18, 1991, Schoenberg commenced this action against the Publishers in the United States District Court for the Southern District of New York (Edelstein,