Thursday, December 18, 2008

Defendant sanctioned for making "material misrepresentations to the court" and "publishing false information about the court's rulings"

"Defendants clearly exercised bad faith in their dealings with the Court. Defendants deliberately withheld from the Court information related to their activities after receiving the Complaint, and such information was material to the Court's determination. Moreover, this information was withheld even after the Court reprimanded [the defendants' CEO], during the default judgment hearing, for making patently false assertions in his affidavit. . . . [Additionally], Defendants filed a misleading, unnecessary, and damaging press release about the status of the litigation . . . intended to inappropriately influence this litigation."

American Science and Engineering, Inc. v. Autoclear, LLC, 2-07-cv-00415 (VAED December 16, 2008, Memorandum Opinion and Order)

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