Tag Archives: Sanctions

Judge Seibel Nearly Sanctions Attorneys for “Sham” Responses to Rule 56.1 Opposition Statement

In an opinion Tuesday, Judge Seibel lambasted, but ultimately did not sanction, attorneys in an insurance dispute who made evasive and false assertions in a Rule 56.1 statement submitted in opposition to summary judgment.  She found the statements lacked a “factual basis,” and were a “sham,” and added that the attorneys’ conduct “was entirely unbecoming … Continue Reading

Judge Marrero Imposes $1,000 Sanction for Double Spacing Fudge

In a brief order Thursday, Judge Marrero imposed a sanction of $1,048.09 against a party that deliberately broke his individual rule requiring briefs be double-spaced: At the March 24, 2017 hearing regarding plaintiff CafeX Communications’s (“CafeX”) Motion for a Preliminary Injunction (“Motion,” Dkt. No. 8.) the Court found that defendant Amazon Web Services, Inc. (“Amazon”) … Continue Reading

Judge Caproni Warns Serial Class Objector About Using Local Counsel as Sanctions Shield

In an opinion yesterday, Judge Caproni warned Christopher Bandas, an attorney who serially files class action objections, about his apparent practice of attempting to use local counsel as a shield against sanctions, though she ultimately declined to sanction Mr. Bandas: Bandas’ failure to provide any legitimate support for [the class objection] would be enough to … Continue Reading

Judge Hellerstein Scolds Patent Plaintiff For Cat-and-Mouse Games Over Patent Infringement Contentions

In an opinion Monday, resolving “the latest in a long, tedious series of discovery disputes,” Judge Hellerstein chided a patent plaintiff, Intellectual Ventures, for having disclosed infringement contentions that were “discursive, disorganized, and, at times, confusing” and for repeatedly shifting positions about what it believed was the infringing conduct of the defendant, JP Morgan: Intellectual … Continue Reading

Judge Cote Employs Forensic Examination to Determine Brief Was Served Too Late

In an opinion today, Judge Cote granted Tory Burch summary judgment in a case concerning knock-off merchandise.  The motion was deemed unopposed based the defendants’ misconduct, including spoliation and fabrication of evidence.  In a particularly notable passage, the opinion discloses that the Court ordered a forensic examination of the defendants’ opposition papers, and, from that examination, … Continue Reading

Judge Ellis Sanctions Party for Failing to Preserve Evidence Held by Nonparty Vendor

In an opinion yesterday, Magistrate Judge Ellis sanctioned The Money Store and other related defendants for failing to preserve evidence held by a third party vendor, Fidelity National Foreclosure Solutions. The underlying class action accuses the defendants of improper debt collection practices relating to mortgage loans, and the plaintiff argued that evidence from a database created … Continue Reading
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