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
If true, this lawyer deserves the award for the most moxie. According to a recent San Antonio Express News report, Andrew Toscano in effect represented both sides to a lawsuit. In a personal injury lawsuit, R.D. Galvan and Luciano Morin sued the Chili’s Restaurant chain after the two men were in an automobile wreck.
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Yes, a plaintiff in an employment lawsuit can be hit with an award of attorney’s fees. In federal court, the losing party is almost always ordered to pay the other side’s court costs. And, yes, if the plaintiff is found to have filed a "frivolous" lawsuit, then
In federal court, the parties are subject to sanctions for any number of offenses, ranging from discovery abuse to filing frivolous claims. Sanctions can include everything from money to a prohibition of certain evidence. Federal Rule of Civil Procedure Rule 54(d) allows the winner in a lawsuit to seek an award of attorney’s fees. The
"Spoliation of evidence" refers to the deliberate destruction of evidence prior to a trial. It is a rare event in civil litgation. But, spoliation of evidence was found in a case involving a personal inury lawyer in Virginia. Lawyer Matthew Murray was ordered to pay $522,000 for instructing his client ro remove photos from his
Light is shed on a new area of law in a decision out of East Texas. Electronic discovery is still a very new area in the litigation business. A federal judge in the Eastern District of Texas imposed sanctions one year after a case settled. The judge found that the defendant failed to impose a
Discrimination lawsuits, like many lawsuits, rely heavily on discovery. Discovery is the process by which we seek the other sides’ evidence. In employment cases, the discovery process takes on added importance because the employer has most of the key evidence. The employer, for example, posses personnel records regarding other employee who were terminated for similar
Plaintiff attorneys are sanctioned almost $400,000 after their client made 868 changes to her deposition testimony. The dissent points out, however, that the attorneys sent the changes not to the court reporter but to the defense attorney. It is likely the attorneys wanted to make known the client’s apparent perjury.
Continue Reading Plaintiff Lawyers Sanctioned $378,000
As lawyers and advocates, we have to be assertive on behalf of our clients. And, yes, more than we should, we get emotionally wrapped up in our cases and our client’s cause. But, two Florida lawyers took the advocacy part of the job way too far. One lawyer referred to the other as "retard." The