Our Tally Shows Over $1.66 Million In Sanctions Sustained On Appeal. If our readers want to read a truly wild case on discovery abuse (especially regarding electronic discovery, deposition noncandidness, and third-party witness tampering), you gotta read Robin Singh Ed. Services v. Blueprint Test Preparation, Case No. B204775 et al. (2d Dist., Div. […]
Opposite Side Did Not Raise Lack of Capacity by Answer or Demurrer, So No Dice On Sanctions. In V & P Trading Co., Inc. v. United Charter, LLC, Case No. C070571 (3d Dist. Dec. 19, 2012) (published), the trial court denied a motion to compel by a suspended corporation and awarded monetary sanctions
Discovery, Mediation, and RFA Sanctions Denied. Hi, folks. Although we are in the Holidays (busy at that), we do like to report on decisions that have issues of recurring interest to California litigators. The next one should be a case that peaks such an interest and provides resonant lessons to us all —
Oops In Optimum Processing Solutions, L.L.C. v. Intel Corp., Civ. No. 1:09-cv-1098-TCB (N.D. Ga.) [Doc. 271 filed Sept. 14, 2012), District Judge Timothy C. Batten, Sr. has decided that Acacia Research subsidiary Optimum Processing Solutions, L.L.C. (OPS) will have to pay fees and expenses under F.R.Civ. P. 37 for Intel’s motion to compel
In Sino Century Development Ltd. v. Farley, Case No B236912 (2d Dist., Div. 3 Dec. 3, 2012) (published), a trial judge imposed $81,461.13 in sanctions upon a defendant and his counsel under California Rule of Court 2.30, which authorizes “reasonable monetary sanctions” to be awarded to a party by a person failing without
Cost Of Complying With Subpoena By Third Party Was Minimal And Subpoena Was Not Issued In Bad Faith Or Was Not Facially Defective Federal Rule of Civil Procedure 45(c)(1) allows a district judge issuing a subpoena to award appropriate sanctions, including lost earnings and reasonable attorney’s fees, against a party or attorney responsible for
$100,000 Per Day Penalty Also Sustained. As reported by Leigh Jones in an October 25, 2012 post at The National Law Journal, the Ninth Circuit Court of Appeals recently upheld a $354 million contempt judgment against the Estate of Ferdinand Marcos and in favor of a human rights class action group in a
Ninth Circuit Follows the View of Seventh, Tenth, and Eleventh Circuits on the Issue. In FTC v. EDebitPay, LLC, Case No. 11-55431 (9th Cir. Aug. 28, 2012) (published), the Ninth Circuit followed the viewpoints of the Seventh, Tenth and Eleventh Circuits in holding that district courts can consider consumer loss in calculating sanctions
Defendant’s Attorneys Seeking Certiorari Grant by U.S. Supreme Court, With Several Amici Curiae Briefs Having Been Filed in Support of Defendant’s Position. In 1997, the Hyde Amendment was enacted, giving federal district judges the authority to award fees and other expenses to criminal defendants proving gross misconduct on the part of federal prosecutors
Reversal of Sanctions Award Now Published, Showing Unsettled Law on Scope of Marital Privilege. In our July 31, 2012 post, we examined Diepenbrock v. Brown, a First District, Division 3 unpublished decision reversing a protective order sanctions award based upon an unsettled marital privilege issue. We can now report that the opinion was
