Xyngular, Corp. v. Schenkel

LUCERO, Circuit Judge.

Marc Schenkel appeals the dismissal by the district court of his claims against Xyngular Corporation and various third parties as a sanction for abuse of what he claims was pre-litigation discovery. Because we have not previously decided whether pre-litigation conduct that did not *871 give rise to the substantive claims in a case is sanctionable by dismissal of a party's claims, the issue remains an open question in our circuit. We conclude that termination sanctions are permissible when pre-litigation conduct is aimed at manipulating the judicial process and is unrelated…