Cases: Sanctions

Private Arbitration Sanctions: Second Circuit Finds Inherent Authority Under FAA To Sanction Attorneys for Losing Party In Arbitration Proceedings

Cases: Arbitration, Cases: Sanctions

Ninth Circuit Apparently Agrees, Also.      We would like to thank Hon. Lawrence C. Waddington (Ret.), former Los Angeles County Superior Court judge who is now a neutral with JAMS, for contributing an April 21, 2009 post on enBanc, the Los Angeles County Bar Association’s blog, about a recent Second Circuit decision that has fee […]

ADA: Reversal Of Lawsuit Based On Lack Of Standing Requires Vacating Of Monetary Sanctions

Cases: Civil Rights, Cases: Sanctions, Cases: Special Fee Shifting Statutes

Ninth Circuit Reverses District Court’s Sanctions Order.      In an American with Disabilities Act (ADA) case, a district judge dismissed a lawsuit based on plaintiff’s lack of standing and imposed monetary sanctions against plaintiff and his counsel for bringing a frivolous case. The Ninth Circuit reversed the standing determination, which also meant that the sanctions

Family Law: Wife Was Not Entitled To Attorney’s Fees Award Under Family Code Section 2030

Cases: Family Law, Cases: Sanctions

First District, Division 3 Affirms Fee Denial; Wife Also Hit With $4,000 in Sanctions Under Section 271.      Ex-wife was married over 18 years to a successful attorney, who was apparently generous in both support payments and settlement equalizations in dissolution proceedings—at least according to the Court of Appeal. There were substantial assets to divide,

Sanctions: $1,857.50 Sanctions Against Insurer Vacated As Unauthorized Under Statute Or Court Rule

Cases: Sanctions, Cases: Settlement

  Second District, Division 7 Reverses Award in Published Decision.      For years, insurance carriers have raised due process concerns to their participation in mediation and mandatory settlement conferences, although more and more court rules require their participation in these processes. However, the next case illustrates that carriers are not subject to “bad faith” settlement

CCP Section 128.7: Client Cannot Appeal Or Seek Writ Review Of Sanctions Assessed Solely Against Client’s Attorney

Cases: Sanctions

Client Is Not Aggrieved or Does Not Have Beneficial Interest for Purposes of Seeking Review of Attorney Sanctions Order.      Attorneys get socked with a $12,504 sanctions order under Code of Civil Procedure section 128.7 in construction defect litigation. Their client then appeals or seeks writ review of the adverse order. Result? Client has no

Fee Awards Under 28 U.S.C. Section 1927: Seventh Circuit Holds That Attorney’s Wealth Or Ability To Pay Is An Irrelevant Consideration

Cases: Sanctions

Federal Court of Appeals Prefers Bright-line Rule; Also Reaffirms that Ability to Pay Is a Relevant Factor in Assessing Rule 11 Sanctions.      Although we usually stick to California cases, we discuss a colorfully written decision by the Seventh Circuit on wealth/ability to pay as a factor to be considered when assessing attorney’s fees as

Terminating Sanctions And Substantial Default Judgment Reversed Because Of Failure To Show Willfulness

Cases: Discovery, Cases: POOF!, Cases: Sanctions

Sixth District Vacates $730,466.10 Default Judgment and Reinstates Defendant’s Answer.      The next case is a good example of the POOF! principle. Plaintiff obtained a $730,466.10 default judgment against defendant, set up by the trial court’s grant of terminating sanctions for failure to respond to discovery requests. The only problem is that the record did

Reneging House Seller Hit With Adverse $226,577.74 For Losing Specific Performance and Unlawful Detainer Actions

Cases: Sanctions, Cases: Section 1717

Court of Appeal Affirms Substantial Fee Award, But Reverses CCP Section 128.7 Sanctions.      As our Mission Statement warns, attorney’s fees can make or break a litigant given the high costs of taking a case to verdict or decision. The next litigant learned this message all too well, when a substantial fee award was affirmed

Sanctions: Court of Appeal Vacates Discovery Sanctions Against Defendant With Respect To Form Interrogatory Responses

Cases: Discovery, Cases: Sanctions

Second District, Division 3 Calls Into Question Whether Defense Needs to Answer Some Personal Injury Questions in Many Cases.      Discovery is the bane of most litigators’ existence. It is freely allowed (subject to certain limitations)—vacillating from tedious and time consuming (at one pole) to burdensome and extremely expensive (at the other side of the

Family Law Arbitration Award: Fee Sanctions Vacated Where Wife Had Argument That Contractual Arbitration Agreement Had Been Rescinded

Cases: Family Law, Cases: Sanctions

Fifth District Vacates $6,000 in Sanctions Against Wife.      The beginning sentences of In re Marriage of Grady and Britten, Case No. F054668 (5th Dist. Feb. 17, 2009) (unpublished) are ominous in tone: “Arbitration typically is viewed as a relatively fast, inexpensive way to resolve disputes. This view assumes the existence of a clear and

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