Back in November I noted a decision in the disciplinary case against Steven Donziger: the referee who was to decide the sanction Donziger will face had ruled that although Judge Kaplan’s findings of fact had had preclusive effect with respect to the question whether Donziger had violated the rules of professional conduct, the findings should not have preclusive effect with respect to the sanction. In other words, Donziger should be entitled to put on evidence to prove that Judge Kaplan’s findings were wrong at the hearing to be held on his sanction.

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