Friday, July 17, 2009

Rehash of Summary Judgment Arguments Sinks Sanctions Motion

The magistrate judge recommended denying plaintiff's motion for Rule 11 sanctions for defendant's assertion of an obviousness defense. "To the extent that Plaintiff’s Motion appears to be nothing more than a repeat of the merits of its Motion for Summary Judgment, it could be argued that Plaintiff’s Motion for Sanctions constitutes a waste of judicial resources. Courts have declined to enter Rule 11 sanctions in cases where the conduct of both parties has contributed to the needless waste of judicial resources."

Powell v. The Home Depot USA, Inc. et al., 9-07-cv-80435
(FLSD July 15, 2009, Report & Recommendation) (Hopkins, MJ.)

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