Bankruptcy – Amended schedule of exemptions – Sanctions
Where the Chapter 7 trustee has objected to the debtor’s amended schedule of exemptions, the objection should be sustained but a request by the trustee for sanctions should be denied without prejudice.
View ArticleBankruptcy – Attorney – Sanctions
Where an attorney filed a complaint on behalf of his bankrupt client to initiate an adversary proceeding, the attorney should be sanctioned for including ad hominem attacks and irrelevant and...
View ArticleAttorneys – Sanctions – Failure to appear
Where an attorney was sanctioned by a U.S. District Court judge in the amount of $1,500 for failing to appear at the rescheduled sentencing hearing for his client, the amount must be reduced to $500.
View ArticleBankruptcy – Sanctions – Divorce – Frivolous appeal
Where (1) a U.S. Bankruptcy Court judge denied a divorced woman’s motion for sanctions against her ex-husband’s attorney and (2) that attorney now seeks sanctions against the ex-wife for prosecuting a...
View ArticleCivil practice – Sanctions – Fees
Where a plaintiff voluntarily dismissed a complaint which alleged that the defendant, by initiating litigation in North Carolina, conspired with two codefendants to tarnish the plaintiff’s reputation...
View ArticleInsurance – Underinsured motorist coverage – Deposition – Sanctions
Where a judge denied a plaintiff’s request for sanctions concerning a deposition in a suit over underinsured motorist benefits, the denial of the sanctions request must be affirmed, as the defendant...
View ArticleBankruptcy – Sanctions
Where a U.S. Bankruptcy Court judge sanctioned an appellant creditor in the amount of $10,000, the sanctions should be upheld, as the judge did not err in concluding that the creditor misused the...
View ArticleAttorneys – Sanctions – Deposition
Where defense counsel has moved for sanctions against the plaintiff’s attorney based on conduct that occurred during the plaintiff’s deposition, sanctions are appropriate and the plaintiff’s attorney...
View ArticleCivil practice – Sanctions – ATMs – Blindness
Where defendant owners and operators of automatic teller machines have failed to comply with a court-approved class action settlement and remediation plan under which the defendants agreed to take...
View ArticleCivil practice – Sanctions – False ‘affirmations’
Where false statements were included in a complaint and in a motion for class certification, sanctions should be imposed in the form of an order (1) allowing in part the defendants’ motion to strike...
View ArticleCivil practice – Sanctions – Trustee process
Where a plaintiff (1) obtained a Connecticut judgment based on a promissory note default, (2) successfully moved for trustee process as to a credit union and (3) later added three other credit unions...
View ArticleAttorneys – Sanctions – Motions in limine
Where a U.S. District Court judge imposed a $2,000 sanction upon a criminal defense attorney and his client for filing motions in limine immediately before the client’s anticipated retrial, the judge...
View ArticleAttorneys – Sanctions – Discovery – Spoliation
Where a plaintiff has moved for sanctions against counsel to the defendants, the motion should be denied as to the plaintiff’s spoliation allegations but granted to the extent that the plaintiff seeks...
View ArticleCivil practice – Sanctions – Fees
Where defendants in a collection action were severely sanctioned, there was no abuse of discretion in light of the defendants’ discovery violations. “Due to the highly questionable, if not fraudulent,...
View ArticleCivil practice – Sanctions – Discovery
Where the defendants have requested reimbursement of reasonable expenses following a discovery dispute, it would not be just to sanction either the plaintiff or her former counsel. “Pursuant to 28...
View ArticleBankruptcy – Sanctions – Attorney
Where a creditor’s attorney filed a document without redacting the personal information it contained about a Chapter 7 debtor, sanctions should be imposed on the attorney. ‘Contemptuous violation’ “On...
View ArticleBankruptcy – Sanctions
Where a U.S. Bankruptcy Court judge sanctioned an appellant creditor in the amount of $10,000, the sanctions should be upheld, as the judge did not err in concluding that the creditor misused the...
View ArticleAttorneys – Sanctions – Deposition
Where defense counsel has moved for sanctions against the plaintiff’s attorney based on conduct that occurred during the plaintiff’s deposition, sanctions are appropriate and the plaintiff’s attorney...
View ArticleCivil practice – Sanctions – ATMs – Blindness
Where defendant owners and operators of automatic teller machines have failed to comply with a court-approved class action settlement and remediation plan under which the defendants agreed to take...
View ArticleCivil practice – Sanctions – False ‘affirmations’
Where false statements were included in a complaint and in a motion for class certification, sanctions should be imposed in the form of an order (1) allowing in part the defendants’ motion to strike...
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