34 results for 'cat:"Civil Procedure" AND cat:"Sanctions"'.
J. Rodriguez finds that that a veteran who suffered severe and permanent injuries from improvised explosive devices while on duty in Iraq has submitted sufficient evidence to recover damages under the Foreign Intelligence Surveillance Act from the Islamic Republic of Iran for supporting the insurgents who conducted the attacks. The County of Iraq has not responded, and the veteran has moved for a default judgment which the court grants in part. The veteran is awarded $5 million of his $7 million claim for pain and suffering, he is awarded $25 million of his $300 million punitive damages claim, but he cannot recover lost wages for lack of evidence and he cannot recover attorney fees.
Court: USDC Southern District of Texas, Judge: Rodriguez, Filed On: May 13, 2024, Case #: 1:22cv76, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, International Law, sanctions
J. Lipman grants in part an apartment company’s motion for sanctions of judgment and permanent injunction against the pro se defendant in this suit alleging defamation, negligence per se and violations of Tennessee’s Consumer Protection Act. Judgment is granted for the apartment company, and a permanent injunction is issued with limitations that ensure that the individual defendant’s “First Amendment rights are protected.”
Court: USDC Western District of Tennessee , Judge: Lipman, Filed On: May 6, 2024, Case #: 2:23cv2186, NOS: Trademark - Property Rights, Categories: civil Procedure, sanctions, Defamation
J. Deahl reverses the lower court's dismissal of a pro se driver's car collision-related action, which it did when the driver arrived 10 minutes after the scheduled start of the trial. Contrary to the lower court's ruling, the good cause inquiry is not used to determine whether the driver provided good cause for his tardiness, but, rather, "whether his tardiness on one occasion justified the outright dismissal of his suit. It did not." Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: April 4, 2024, Case #: 22-CV-0537 , Categories: civil Procedure, sanctions, Negligence
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J. Silva finds that the lower court improperly entered final judgment for the appellee in this lawsuit concerning an alleged business partnership in "construction and real estate matters." The lower court erred in ordering death penalty sanctions, as the evidence did not show that "the failure to produce discovery could be attributed to appellants." Reversed.
Court: Texas Courts of Appeals, Judge: Silva, Filed On: March 28, 2024, Case #: 13-23-00127-CV, Categories: civil Procedure, sanctions
J. Tijerina conditionally grants the relators' petition for a writ of mandamus, in which they challenge an order for sanctions in the underlying proceeding. The lower court abused its discretion by sanctioning the attorneys "$1,000 each day until they deposit insurance settlement proceeds that belong to a non-party into the registry." The evidence does not show that they "were willfully non-compliant, or willfully ignorant," but instead shows that the non-party did not consent to the ordered deposit.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: March 22, 2024, Case #: 13-23-00581-CV, Categories: civil Procedure, sanctions, Settlements
Per curiam, the appellate division finds that the lower court properly denied the window cleaner's motion for sanctions against the university in a discovery dispute. The window cleaner's counsel failed to submit an affirmation, along with the motion, that they conferred with opposing counsel in a good faith effort to resolve the dispute. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 21, 2024, Case #: 00922, Categories: civil Procedure, sanctions
Per curiam, the appeals court finds the trial court improperly ordered the ex-husband to perform 50 hours of community service as a sanction in the dissolution of his and the ex-wife's marriage for violating a domestic violence injunction by "shooting and maiming" the ex-wife's pet cats with a pellet gun. The trial court did not follow proper procedure and overstepped its authority by imposing a penal sanction after the ex-wife withdrew her motion to find the ex-husband in criminal contempt and proceeded only to find him in civil contempt. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 21, 2024, Case #: 22-1371, Categories: civil Procedure, Family Law, sanctions
Per curiam, the Supreme Court of Colorado grants petitioners' request to permanently enjoin the vexatious litigator from filing any lawsuits, appeals or motions with any court in the state, ruling her actions - both as a licensed attorney and a pro se litigant following disbarment - show a total lack of respect for the legal system and have accomplished nothing other than inundating the court system and frustrating her opposing parties with frivolous filings.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: February 20, 2024, Case #: 2024CO8, Categories: civil Procedure, sanctions, Injunction
J. Odenwald dismisses the appeal due to numerous briefing deficiencies, including the submission of fictitious cases generated by artificial intelligence, which qualifies as an abuse of the judicial system. Appellant must pay $10,000 to the respondent for filing a frivolous appeal.
Court: Missouri Court Of Appeals, Judge: Odenwald, Filed On: February 13, 2024, Case #: ED111172, Categories: civil Procedure, sanctions, Technology
J. Powers finds that the lower court improperly denied a hospital's request to dismiss attorney misconduct claims leveled by a practice terminated as exclusive provider of oncology services. Collateral estoppel barred relitigating the attorneys' purportedly false statements since such had been addressed in a previous action in which sanctions had been assessed against the hospital for failing to preserve certain documents. Reversed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: February 1, 2024, Case #: CV-23-0893, Categories: civil Procedure, sanctions, Contract
J. Pedersen finds that the lower court improperly entered a take-nothing judgment as a death-penalty sanction in this personal injury suit. The lower court indicated that the death-penalty sanction was imposed "in response to appellant's failure to pay the $1,000 sanction," which revealed nothing about her claim. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: January 30, 2024, Case #: 05-22-00274-CV, Categories: civil Procedure, sanctions, Tort
J. Shanker upholds the lower court's order compelling a driver to answer questions during a car collision-related case that her attorney had instructed her not to answer and imposing $6,400 in sanctions. The attorney violated civil rules of procedure by instructing his client to refuse to answer certain questions, and the driver fails to show the sanctions were improper. Affirmed.
Court: DC Court of Appeals, Judge: Shanker, Filed On: December 14, 2023, Case #: 22-CV-0624 , Categories: civil Procedure, sanctions, Negligence
J. Engelmayer grants defendants' Meta, Alphabet, and Nike's request for an order declaring the plaintiff a vexatious litigant and enjoining him from filing any civil action against them in federal court. The plaintiff's proliferation of frivolous lawsuits asserting fantastical claims against the companies over nine years, none of which cleared the motion to dismiss stage, firmly establish that he is a vexatious litigant who will continue to abuse the judicial process.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: December 5, 2023, Case #: 1:23cv7000, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: civil Procedure, sanctions
J. Benavides conditionally grants the relators' petition for a writ of mandamus, in which they challenge the second death penalty sanctions issued against them in the underlying personal injury case. The court previously granted mandamus relief regarding the first sanction order. It now notes that the "second death penalty sanction fails to comport with our directives and is not supported by the governing law."
Court: Texas Courts of Appeals, Judge: Benavides, Filed On: October 16, 2023, Case #: 13-22-00389-CV, Categories: civil Procedure, sanctions
J. Breen partially grants the defendant insurance group's motion and dismisses Count 5 of this complaint with prejudice. The Unlawful Insurance Act does not apply to the defendant, as it "only applies to insureds." Also, the plaintiff steakhouse and its counsel must show cause "why they should not be sanctioned for misleading the court."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 19, 2023, Case #: 1:23cv2191, NOS: Insurance - Contract, Categories: civil Procedure, Insurance, sanctions
J. Moll finds the trial court properly denied the dentist's motion to dismiss disciplinary charges against him on the grounds of res judicata. Previous proceedings related to a subpoena were governed by a different set of statutes and concerned the state's investigation into his billing practices, while the disciplinary charges dealt with his failure to keep adequate records. Meanwhile, the court properly revoked the dentist's license because his failure to maintain records while under investigation established probable cause, and his excuses of water damage were suspect and unsupported by any evidence. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: September 15, 2023, Case #: AC45365, Categories: civil Procedure, Licensing, sanctions
J. Murphy finds the trial court properly vacated the family's voluntary dismissal of personal injury claims against the church because they failed to file the motion before the court's adverse decision to dismiss the case with prejudice. However, the trial court improperly selected a dismissal with prejudice as the sanction for the family's failure to prosecute because it failed to explain how further delay would prejudice the church regarding witness availability; therefore, the case will be remanded to allow the court to consider an appropriate sanction. Affirmed in part.
Court: North Carolina Court of Appeals, Judge: Murphy, Filed On: September 5, 2023, Case #: COA22-374, Categories: civil Procedure, sanctions
J. Contreras finds that the lower court improperly sealed certain court records. The appellant law office argues that the sealing order failed to comply with the rules of civil procedure, specifically in that there was "no written motion to seal filed." The court agrees and notes that "the requirements of Rule 76a are mandatory and may not be waived by agreement of the parties." Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 24, 2023, Case #: 13-23-00222-CV, Categories: civil Procedure, Public Record, sanctions
[Consolidated.] Upon remand from the Texas Supreme Court, J. Alvarez vacates, in part, the trial court's assessment that a former county attorney must pay court costs, sanctions and attorney fees in his individual capacity following his unsuccessful case against county officials for the reduction in his salary. The attorney filed the case in his official capacity, and there is no evidence he was ever served individually or that his actions constituted a general appearance. Vacated in part.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: August 23, 2023, Case #: 04-19-00714-CV, Categories: civil Procedure, sanctions, Attorney Fees