Most lawyers avoid discovery sanctions like the plague. Yet, some parties accept the risk. One recent sanctions award amounted to $2.7 million. In a lawsuit entitled Goodyear Tire & Rubber Co. v. Haeger, the U.S. Supreme Court heard an appeal regarding that very lag sanction award. Justice Elena Kagan ruled in a unanimous opinion
Investigations of Plaintiff and his Attorney Violate Ethical Rules
Yet another challenge to arbitration is found in the class action complaint against Uber, the ride sharing platform. The case is known as Meyer v. Kalanick and Uber Technologies, Inc., No. 15-CV-9796 (E.D. N.Y. 7/25/16). While the ruling on class action status will break new ground, the ruling on investigating the plaintiffs’ counsel breaks
Sanctions Awarded in FLSA Lawsuit
In federal court, sanctions are a real possibility. A state court can also award sanctions if a lawsuit is found to be frivolous. But, state court judges are more reticent about awarding sanctions than federal judges. In federal court, sanctions rarely occur, but they do occur. The law firm representing the plaintiffs in Elfoulki v.
Judge Smith Retires, Subject of Further Investigation
Judge Walter Smith, a Federal judge in Waco, was reprimanded by the Fifth Circuit last year for unwanted sexual advances on one of his employees back in 1998. I wrote about that reprimand here. Judge Smith has now retired. Apparently, the investigation into whether he made advances on other women over the years will
Discrimination Lawyer Sanctioned $116,000
There is much risk when filing a discrimination lawsuit. There is the simple risk that the plaintiff will lose. Most plaintiffs file their lawsuits based on contingency – meaning the lawyer is paid only if there is a recovery of some sort. So, the lawyer incurs the risk of his/her time or money, or both.
Federal Judge is Sanctioned
Many lay persons have this idyllic view of the judicial system that judges are sober, thoughtful and the jury members even more so. But, judges and jury members are human, after all. Indeed, many members of the jury, like many citizens at large, are skeptical about claims of discrimination. Judges are no different. In fact,
Attorney is Sanctioned (Sort of) For Errors in Affidavit
One of the essential tools in any lawsuit or EEOC charge is the affidavit. The employee typically will sign a couple of different affidavits at various stages of a lawsuit. The affidavit is supposed to represent the witnesses’ testimony. An affidavit should mirror the employee’s actual testimony. But, the rough draft of an affidavit is
Armstrong Case back in Arbitration
Large employers and corporations have been pushing arbitration as the panacea for a host of consumer issues, from purchasing phone plans and automobiles to applying for jobs. But, there are some things arbitration just cannot do. In 2012, Lance Armstrong admitted he had used drugs as part of his training regimen. But, for years before
Sanctions Can Result when a Party Does not Cooperate
In federal court, parties can be ordered to pay sanctions. Mentioning that to clients always attracts interest. If a person or entity “mis-behaves” in court, the judge can sanction them. Sanctions include anything from paying money, paying the opposition attorney’s fees to even outright dismissal. In one recent Fifth Circuit decision, a lawyer was ordered
Judge Reverses Sanctions Request in Discrimination Case
Yes, in federal court, either party can be sanctioned for its conduct during a lawsuit. Sanctionable conduct must be pretty egregious. National law firm, Littler Mendelson requested sanctions against a plaintiff who lost a summary judgment motion. Elaine Barley had sued Fox Chase Cancer Center in Philadelphia. Ms. Barley alleged that Fox did not accommodate