Thursday, March 24, 2011

Courts Warn Against "Bickering" and "Sniping"

In denying Defendant's motion in limine to exclude evidence concerning pre-production versions of its product, the court "remind[ed] the parties to avoid tendentious bickering. . . . There must be no more of this childish abuse ('akin to a robber,' etc.). [Defendant] is at fault too but the plaintiffs are even worse offenders. No more or there will be sanctions. In more than 29 years as a judge, I have never encountered such bickering, quarrelsome lawyers. You are wasting my time and your clients’ money."

The Chamberlain Group, Inc., et. al. v. Lear Corporation, et. al.
, 1-05-cv-03449 (ILND March 22, 2011, Order) (Posner, C.J.).

In denying defendant's motion for a protective order, the court opined that "[t]hese motions are far more about lawyers litigating than about resolving disputes - and the Courts are for resolving disputes - not 'sniping' not 'gamesmanship' and not billing files. . . ."

Azimuth Unlimited, LLC v. Seatel, Inc., 0-10-cv-60253 (FLSD March 22, 2011, Order) (Brown, M.J.).

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