Tuesday, March 3, 2009

Litigation Misconduct Supports Award of Enhanced Damages and Attorneys' Fees

Plaintiff's motion for enhanced damages was granted. "This case has involved, in particular, the consistent and ongoing use of litigation tactics by [defendant] that appear to have been employed for the primary purpose of unnecessarily increasing the burden of this litigation on [plaintiff] -- e.g., filing motions of dubious merit; taking positions that caused [plaintiff] to expend resources and later withdrawing those positions. While perhaps in other situations courts have found that a few isolated incidents of questionable conduct may not warrant an enhancement of damages or may be excused as 'zealous advocacy, genuine debate, and honest disagreement,' the Court finds that Defendants’ conduct in this case dictates otherwise."

Joyal Products, Inc. v. Johnson Electric North America, Inc., 3-04-cv-05172 (NJD February 27, 2009, Opinion)

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