Federal Rules of Civil Procedure, Attorney's Fees, Sanctions

“WHOLLY INADEQUATE”: Another TCPA Defendant Represented by #BigLaw Gets Crushed And When Are Folks Going to Start Listening?

Troutman Amin LLP on 6/17/2025

I have said it before. I will say it again. The biggest mistake you can make for your business is choosing #biglaw to represent you in a TCPA class action. These guys keep getting smoked. Over and over again. Here is the...more

Bad Faith Litigation Exposed: Federal Circuit Affirms Deterrence Sanctions in PS Products v. Panther Trading

Venable LLP on 12/11/2024

Wrongheaded patent litigation conduct has consequences. Following a recent decision from the Federal Circuit, PS Products Inc. (PSP) and its counsel will be paying over $50,000 in attorney fees and sanctions to Panther...more

District of New Jersey Grants Broad Sanctions, Stops Short of Dismissal, for Willful Withholding of Relevant Photos

Saiber LLC on 5/23/2023

On April 20, 2023, Magistrate Judge Ann Marie Donio of the United States District Court for the District of New Jersey issued a comprehensive opinion concerning the appropriate level of sanctions for discovery misconduct. ...more

Courts Are Closely Following Amended Rule 37(e)’s Limits on Sanctions for Lost Electronically Stored Information

Jones Day on 2/7/2018

Within two years of its implementation, several cases show that amended Rule 37(e) is having its intended impact, as judges are carefully applying the criteria articulated in the Rule prior to ordering curative measures or...more

Judge Finds Defense Counsel’s Reliance upon Pre-Amendment Rule 26 in a Motion to Compel the Equivalent of Bad Faith – Resulting in...

Farrell Fritz, P.C. on 3/1/2017

In Fulton v. Livingston Financial LLC, 2016 WL 3976558 (W.D. Wash. July 25, 2016), U.S. District Judge James L. Robart sanctioned a defense lawyer who “inexcusabl[y]” relied on outdated case law and pre-2015 amendments to...more

Federal Court Awards Sanctions Against the Filer of Improper Rule 11 Motion

Burr & Forman on 12/4/2015

Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068 (M.D. Fla. Nov. 17, 2015) to the filer of an improper...more