What is the test for an award of damages for misconduct by a litigant?

MultiRegion, United States of America

The following excerpt is from Int'l Techs. Mktg., Inc. v. Verint Sys., Ltd., No. 19-1031(L), No. 19-1297(xap) (2nd Cir. 2021):

501 U.S. at 44. And, most relevant to the case before us, a court's inherent power allows it to impose monetary sanctions against a litigant (or its counsel) for misconduct. Id. at 45-46. Such an award serves two ends: it "vindicat[es] judicial authority," and it makes the wronged party "whole for expenses caused by his opponent's obstinacy." Id. at 46 (quoting Hutto v. Finney, 437 U.S. 678, 689 n.14 (1978)).

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