Whether a federal court can impose case-ending sanctions based on inherent authority for alleged ESI fabrication when a colorable medical malpractice trial was scheduled and no willful contempt was found

is: Whether federal court’s case -ending sanction relying on inherent authority based on implied fabrication of ESI and surprise finding of “fraud upon the court” is punitive and legal error violating Seventh Amendment and due process rights thereby requir ing criminal protections and application of Rule 37(e) where: 1) col orable MedMal jury trial scheduled ; 2) no willful contempt; 3) dismissal Order omits prior finding of “No Bad Faith ;” and 4) record modification by other parties during litigation ? ii 2. The second question presented is: Whether a federal court commits legal error when partial summary judgment order dismisses professional negligence, informed consent and punitive damages claims specifically pleaded in the complaint against individual doctor supported by non-excluded, medical expert affidavits alleging breaches of the standard of care, to include the falsification of patient record that is admittedly incorrect and backdated?