The death penalty sanction is very rare in litigation, but it does happen. In Hornady v. Outokumpu Stainless U.S., No. 18-00317-JB-N (S.D. Ala. 11/18/2021), the court specifically found the defendant had obstructed discovery for years. The lawsuit concerned a Fair Labor Standards Act collective action – a class action lawsuit. As part of every

I wrote about the Judge’s initial decision here. Judge Linda Parker, a federal judge in Detroit, found lawyers Sidney Powell, Lin Wood and others guilty of filing a frivolous lawsuit. Their weak lawsuit claimed there was election fraud in the Michigan 2020 election. Their allegations were just silly. Worse, they had no evidence with

Clients and others sometimes ask me what “sanctions” are in the lawsuit business. This decision shows what the worst sanctions look like. In one of those frivolous election lawsuits filed late in 2020, the two lawyers have been sanctioned $180,000. U.S. District Magistrate Judge N. Reid Neureiter sanctioned two lawyers, Gary D. Fielder and Ernest

Many defendants do this to some degree in a lawsuit: they exaggerate the testimony of the plaintiff or other witnesses. There is sometimes a fine line between advocating a position and outright fabricating evidence. In Flores v. DISH Network, the defense firm, Littler Mendelson, crossed that line. Littler Mendelson primarily practices employment law across

When I mention “sanctions” to clients, their eyes get big. They ask me what are sanctions? Sanctions are whatever a judge thinks is appropriate for folks who abuse our judicial system. Most abuse is pretty minor. So, sanctions will be minor. One client refused to disclose a medical care provider, because the medical care was

Election lawsuits proliferated like mushrooms back in November and December, 2020. One such lawsuit was even filed as a class action on behalf of “all U.S. registered voters” alleging a coordinated effort to change voting laws and use unreliable voting machines to interfere with the presidential election. The two lawyers, Gary Fielder and Ernest Walker,

Pres. Trump’s lawyers filed dozens of what can only described as “frivolous” lawsuits. Yet, so far, no lawyer has been sanctioned. Most of us would expect some sort of sanction if we had filed a lawsuit completely lacking in evidence. But, in one of the lawsuits, Judge Boasberg did indicate he would consider sanctions. That

As lawsuits go, these are pretty bizarre. The Trump campaign has filed at least a dozen lawsuits in several states seeking to overturn the election results. One lawyer, Mark “Thor” Hearne, from St. Louis, filed a lawsuit in the Federal Court of Claims, apparently intending to file in the Michigan Court of Claims. He blamed