Friday, February 10, 2017

Plaintiff Sanctioned for Doubling-Down on Unsuccessful Motion for Sanctions​

The court granted in part defendants' motion for sanctions under 28 U.S.C. § 1927 and the court's inherent authority for fees incurred in responding to plaintiffs' motion for terminating and disqualification sanctions. "[T]he Court found '[plaintiffs'] . . . suggestion [of a massive conspiracy by [defense] counsel] . . . entirely implausible.'. . . [T]he advancement of serious charges of misconduct involving an alleged conspiracy by multiple attorneys must be supported by evidence and not mere suspicion or coincidence -- especially when a party decides to file such an attack in Court, leveling potentially career-ending allegations in a public forum. . . . [Plaintiff] continued to pursue its accusations of serious misconduct even after its receipt and review of [defense] counsel's unrebutted declarations, which provided detailed, entirely credible explanations for their conduct. . . . Instead, [plaintiff] seemed to 'double-down' on its accusations, insisting that the attorney declarations lacked credibility and continuing to pursue 'powerful' sanctions. [Plaintiffs'] continued pursuit consequently required [defendants], and the Court, to prepare for a lengthy hearing on the Sanctions Motion, and later for the Court to decide that motion (and now [defendants'] Fees Motion as well). . . . From that point forward (i.e., after [defendants filed their opposition]), [plaintiff] multiplied the proceedings, in an unreasonable manner, increasing costs, by intentional misconduct."

W.L. Gore & Associates Inc. et al v. C.R. Bard Inc., 1-11-cv-00515 (DED February 8, 2017, Order) (Stark, USDJ)

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