holding that, because Brimson requires that “chal lenges to agency subpoenas . . . be resolved by the judiciary before com pliance can be com pelled,” an agency c a n n o t a p p ly d is c o v e ry sanctions in re sp o n se to a p a rty 's re fu sa l to com ply w ith a subpoena
How later courts described this case
- holding that, because Brimson requires that “chal lenges to agency subpoenas . . . be resolved by the judiciary before com pliance can be com pelled,” an agency c a n n o t a p p ly d is c o v e ry sanctions in re sp o n se to a p a rty 's re fu sa l to com ply w ith a subpoena
- reasoning that a court will enforce an agency subpoena if, inter alia, it "is not needlessly broad"
- reasoning that a court will enforce an agency subpoena if it is not needlessly broad
- applying adverse inference from failure to produce records
Written by the judges who cited it.
The opinion
KENNEDY, Circuit Judge,
concurring specially:
I concur in the result.