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Sealed With A Kiss
- Law
- Posted on 10 years ago
Slow day. Alright, what is the largest Rule 11 Sanction you have ever gotten against the other side? What did they do? Omit names of course.
It has been a while so I don't recall specific amount, but it was around $40K. The plaintiff's attorney filed suit in federal court against a number of defendants. Complete diversity did not exist, I requested plaintiff to dismiss complaint, plaintiff's attorney said eff you, I filed MTD and serve Rule 11 motion. Court dismissed case and subsequently gave my client and other co-defendants their attorneys' fees. The $40K was for all defendants (I recall there were at least 3 or 4 attorneys representing defendants.
Dickinson Wright likes to threaten w/out basis.
A lot of lawyers threaten Rule 11 motions without basis. I caught a California lawyer hiding documents and he told me he'd file a Rule 11 motion if I filed a motion to compell the documents he had been hiding.
Why the heck do people threaten Rule 11 so often? This is a really small legal community and there is virtually nothing to be gained by such threats unless you have something really egregious. You waste the courts time and gain an enemy in the process.
Not involved in the case, but saw a smack down from the gallery about two months ago. Apparently Plaintiff had brought the suit and lost spectacularly at trial. Judge ordered $125,000+ in Rule 11 sanctions against the Plaintiff (individually).
No clue if it was sue sponte or brought by motion. Just remember it was not prevailing party fees.
Sounds like their counsel got lucky, or the plaintiff was caught lying.
Didn't Sally Loehrer issue a six figure smackdown in a CD case some years ago? I think it had to do with one of the attorneys representing to the court that he had authority he had not actually obtained.
I also believe it went up on appeal and was upheld.
Anyone remember?
Pengilly