Fourth District, Division 3 Reminds Us That Prior Motion to Compel Is No Precondition to Sanctions Request. This next case is not so much remarkable for the result, but for reminders on what should be done by litigators when responding to discovery requests. In Mallard v. Progressive Choice Ins. Co. (Kent), Case No. […]
Federal Magistrate Judge Issues Such An Order, Finding It To Be Within the Ambit of Civil Contempt Discovery Sanctions. Here is a very interesting e-discovery sanctions order fashioned by a federal magistrate who did more than enter a default judgment as to a liability on a copyright infringement count against corporate defendant and its
$113,667 Rule 11 Sanctions Award Against Plaintiffs and His Attorneys Falls as a Result. Although we do not venture out of California that often, here is an interesting recent decision about a vacated sanctions award under Federal Rules of Civil Procedure, Rule 11 that comes out of the U.S. Court of Appeals, Second Circuit.
Fourth District, Division 2 Finds Substantial Justification for Motion to Quash Subpoenas Code of Civil Procedure section 1987.2 provides for an award of reasonable expenses and attorney’s fees to a party making or opposing a motion to quash a subpoena if his/her actions were made in bad faith or undertaken without substantial justification. Usually,
L.A. Local Rule, Based on CCP § 575.2(a), Authorizes Sanctions For Violation of Local Rules. If you are ordered to appear in a mediation, do it (obviously)! However, an attorney must make sure that he/she has a client representative with settlement authority when representing a corporate or public entity client present or on stand
Second District, Division 8 Believes Attorney Was Blameless Under the Circumstances. In Scarola v. Dedicated Talent Agency (Pettigrew), Case No. B220482 (2d Dist., Div. 8 August 13, 2010) (unpublished), attorney for an apparently uncooperative cross-complainant was sanctioned $2,500 after her client failed to appear for a deposition in New York (even though defense counsel
Use of Yiddish Word in Order Found Appropriate for Family-Based Tragedy. Now we describe one of the most unusual (and amusing, but candid) sanctions orders entered by Judge Cristol in In re Herskowitz, 166 B.R. 764 (S.D. Fla. 1994). In this case, the judge entered an “Order of Shanda” that was inspired out
First District, Division 5, Except for a $49 Adjustment, Tells Everyone to Go Home But For a Minor $1,000 Appellate Sanctions. Salvio Street, LLC v. Lee, Case Nos. A122408/A123080 (1st Dist., Div. 5 July 29, 2010) (unpublished) is an interesting case, not just for the legal issues, but because it demonstrates how pragmatic appellate
But First District, Div. 5 Rules That Sanctions For Expenses Incurred Cannot Include Expenses of Taking Another Deposition. In a proposed class action, defendant deposed one of the plaintiffs. Plaintiff’s counsel, J. David Franklin, wrote on a legal pad and showed it to his client, the deponent. Counsel also instructed the deponent not to
Appellants’ Attorneys Are Reprimanded or Face 6-Month Suspensions from Ninth Circuit Practice. Quite a lot of news was generated about a dismissed case brought by some Nicaraguan plaintiffs about Dow Chemical relating to use of DBCP on banana plantations in Nicaragua. Nicaraguan plaintiffs appealed, with an appointed special master finding that monetary sanctions
