1. Whether an imposition of sanctions against a party and not its attorney under a court's inherent authority can be upheld by the mere talismanic recitation of the phrase "bad faith" when courts are in conflict about whether an inherent-authority sanction requires bad faith and when the appeals court does not rely on the district court's key finding on bad faith.

2. Whether an imposition of sanctions under a court's inherent authority can be affirmed based on conduct that was not sanctionable under Federal Rule of Civil Procedure 37.

Whether an imposition of sanctions against a party under a court's inherent authority can be upheld by merely reciting 'bad faith' when courts conflict about inherent-authority sanction requirements and the appeals court does not rely on the district court's key bad faith finding