ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts
|
|
- Hubert Griffith
- 6 years ago
- Views:
Transcription
1 1741 ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts Sponsored with the cooperation of the Federal Judicial Center July 11-13, 2007 Santa Fe, New Mexico Sanctions in Civil Litigation: A Review of Sanctions by Rule, Statute, and Inherent Power By David F. Herr Nicole Narotzky Maslon Edelman Borman & Brand, LLP Minneapolis, Minnesota
2 1742 2
3 1743 Sanctions In Civil Litigation: A Review of Sanctions by Rule, Statute, and Inherent Power 1 David F. Herr and Nicole Narotzky TABLE OF CONTENTS Page 2 I. HISTORICAL OVERVIEW... 1 II. ANALYTIC OVERVIEW... 1 III. STATE COURT SANCTIONS... 2 IV. RULE 11: PLEADINGS, WRITTEN MOTIONS AND OTHER PAPERS... 3 A. TEXT OF RULE... 3 B. VALIDITY... 5 C. SCOPE Courts... 5 a. Appeals Court... 5 b. Removed Proceedings... 6 c. Arbitration... 8 d. Effect of Bankruptcy Stay on Rule 11 Motion Proceedings... 8 a. Criminal Cases... 8 b. Habeas Corpus and Related Proceedings... 8 c. Securities Fraud Cases Proscribed Conduct: Presenting to the Court a Violative Paper... 9 a. Presenting b. Later Advocating c. By Whom Present[ed] d. Relationship to Other Powers e. Unpresented Sanctions Motions Sanctionable Papers: Pleadings, Written Motions and Other Papers a. Pleadings and Motions b. Other Papers These materials are derived in significant part and updated from materials prepared by Gregory P. Joseph, Esq., of Gregory P. Joseph Law Offices, LLC, New York, for the Civil Practice and Litigation Techniques in Federal and State Courts course presented on December 9, 1999 and entitled Sanctions: Rules 11, 26(g), 30(d), and 37, 1927, Inherent Power, Appellate Rule 38, and These materials were originally based in part on GREGORY J. JOSEPH, SANCTIONS: THE FEDERAL LAW OF LITIGATION ABUSE (2d ed. 1994; Supp. 2005). 2 Internal pagination.
4 1744 c. Excluded Papers Persons Liable a. Vicarious Liability b. Predecessor and Successor Counsel Liability Proper Movant D. BASIC REQUIREMENTS Signing Requirement Presenting Requirement Reading Requirement Certification a. Objective Standard for Testing Certification b. Time of Testing Certification c. Presumptive Validity of Certification d. No Continuing Obligation to Correct or Withdraw e. Rule Is Not a Rule of Strict Liability E. REASONABLE INQUIRY (1): GENERAL DUTY TO INVESTIGATE FACT AND LAW Generally a. Fact vs. Law b. Cost-Justified Standard c. No First Amendment Defense Timing of Investigation Objective Standard a. Generally b. Represented Parties c. Pro Se Litigants d. Ex Parte Proceedings F. REASONABLE INQUIRY (2): INQUIRY INTO FACT Factors Generally a. Time Pressure b. Factual or Legal Complexity c. Feasibility d. Accessibility of Data e. Personal Knowledge f. Reliance on Client g. Prior Pendency of Action h. Reliance on Other Counsel i. Available Resources j. Warnings of Factual Baselessness; Refiling Deficient Papers k. Fiduciary Status l. Not Credibility Assessments by Counsel Pro Se Status G. EVIDENTIARY SUPPORT Generally Merely Losing on the Merits ii
5 Litigable Issues of Fact Isolated Factual Errors; Papers As a Whole Inferences vs. Speculation; Information-and-Belief Pleading Unfounded or Untrue Statements Omissions; Duty of Candor H. REASONABLE INQUIRY (3): INQUIRY INTO LAW Factors Generally a. Time Pressure b. Factual or Legal Complexity c. Clarity or Ambiguity of Law d. Plausibility; Citing Adverse Authority e. Knowledge, Experience and Expertise; Need to Retain Expert f. Prior Pendency of Action g. Reliance on Client h. Reliance on Other Counsel i. Available Resources j. Warnings of Legal Baselessness; Refiling Deficient Papers k. Fiduciary Status Recent Changes in the Law Pro Se Status a. Attorneys Appearing Pro Se b. Lawyers Opposing Pro Se Litigants I. WARRANTED BY EXISTING LAW Generally Merely Losing on the Merits Litigable Issues of Law Unasserted Meritorious Arguments Isolated Unwarranted Positions; Paper as a Whole Judicial Endorsement of Position a. Losing Case Below b. Winning Case Below c. Merit Recognized Elsewhere d. Arbitration and ADR e. Defeating Summary Judgment f. Defeating Dismissal Motion g. Subsequent Change in the Law Misrepresentation of Law No Requirement to Identify Arguments for Change in Law Failure to Cite Adverse Precedent Susceptibility to Affirmative Defense J. WARRANTED BY A NONFRIVOLOUS ARGUMENT FOR CHANGE IN THE LAW Objective Standard Factors a. Supporting Arguments: Was A Change Advocated? iii
6 1746 b. Discussion of Existing Law and Adverse Precedent c. Clarity or Ambiguity of Law d. Nature of the Case e. Risk of Chilling Zealous Advocacy K. IMPROPER PURPOSE Objective Standard vs. Subjective Focus a. Presenter s Subjective Intent b. Subjective Effect on Opponent c. Abusive Language What Purpose is Improper? a. Generally b. Mixed Purposes Ill-Motivated Meritorious Positions L. PERMISSIVE NATURE OF SANCTIONS Generally Securities Fraud Actions Technical or De Minimis Violations M. AN APPROPRIATE SANCTION Discretion Types of Sanctions and Limitations a. Generally b. Limitations c. Power to Sanction Not Unfettered d. Special Rules for Securities Cases e. Types of Sanctions Imposed Relationship Between Sanction and Purpose of Sanction a. Least Severe Sanction b. Purpose of Rule Mitigating and Aggravating Factors a. State of Mind of Offender b. Knowledge, Experience and Expertise of Offender c. Prior Misconduct of Offender d. Amount, Reasonableness and Necessity of Out-of-Pocket Expenses e. Mitigation Requirement f. Risk of Chilling Effects g. Impact on Offender h. Effect on Injured Party i. Burdens on the Court System j. Voluntary Withdrawal of Violative Paper Allocation of Sanctions a. Relative Culpability b. Impact on Attorney-Client Relationship N. PROCEDURAL MATTERS Generally a. Separate Motion Requirement iv
BEFORE THE SEVENTH DISTRICT COMMITTEE OF THE VIRGINIA STATE BAR
VIRGINIA: BEFORE THE SEVENTH DISTRICT COMMITTEE OF THE VIRGINIA STATE BAR IN THE MATTER OF THOMAS K. PLOFCHAN, JR., ESQUIRE VSB Docket No. 02-070-0225 COMMITTEE DETERMINATION PUBLIC REPRIMAND On March
More informationMISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES BEFORE THE NATIONAL LABOR RELATIONS BOARD (NLRB)
MISCONDUCT BY ATTORNEYS OR PARTY REPRESENTATIVES BEFORE THE NATIONAL LABOR RELATIONS BOARD (NLRB) Section 102.177 of the Board s Rules and Regulations controls the conduct of attorneys and party representatives/non
More informationSTATE OF MINNESOTA IN SUPREME COURT NO. C PETITION OF MINNESOTA STATE BAR ASSOCIATION
STATE OF MINNESOTA IN SUPREME COURT NO. C8-84-1650 In re: Amendment to Rules of Professional Conduct PETITION OF MINNESOTA STATE BAR ASSOCIATION TO THE HONORABLE JUSTICES OF THE MINNESOTA SUPREME COURT:
More information107 ADOPTED RESOLUTION
ADOPTED RESOLUTION 1 2 3 RESOLVED, That the American Bar Association reaffirms the black letter of the ABA Standards for Imposing Lawyer Sanctions as adopted February, 1986, and amended February 1992,
More informationIN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO PERRIN G. MARCH, IV, as the Successor Trustee of the Perrin G. March, III, Revocable Trust, and PERRIN G. MARCH, IV, as the
More informationAMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS
AMERICAN BAR ASSOCIATION STANDARDS FOR IMPOSING LAWYER SANCTIONS Definitions Adopted by the Michigan Supreme Court in Grievance Administrator v Lopatin, 462 Mich 235, 238 n 1 (2000) Injury is harm to a
More informationJohn Blum, Acting General Counsel Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2600 Falls Church, VA 22041
September 29, 2008 John Blum, Acting General Counsel Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2600 Falls Church, VA 22041 Re: Comments on the Proposed Rule by the Executive Office
More informationDon t Leave Without Your Ethics. Christopher A. Guetti, Flink Smith Law LLC
Don t Leave Without Your Ethics Christopher A. Guetti, Flink Smith Law LLC Self-Serving and Sham Affidavits in New York Self-Serving Affidavit Plaintiff cannot create an issue of fact defeating summary
More informationCase 1:14-cv RMB-JS Document 38 Filed 06/28/16 Page 1 of 17 PageID: 241
Case 1:14-cv-08115-RMB-JS Document 38 Filed 06/28/16 Page 1 of 17 PageID: 241 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE GLENN M. WILLIAMS : Civil No. 14-8115 (RMB/JS)
More informationFundamentals of Civil Litigation in Federal Court
1 Fundamentals of Civil Litigation in Federal Court Faculty: Thomas Schuck, Esq. Commencing an Action - Know the facts the Law, interview the client - no matter whether plaintiff or defendant - Interview
More informationIN THE SUPREME COURT OF THE STATE OF KANSAS. No. 113,970. In the Matter of JARED WARREN HOLSTE, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE
IN THE SUPREME COURT OF THE STATE OF KANSAS No. 113,970 In the Matter of JARED WARREN HOLSTE, Respondent. ORIGINAL PROCEEDING IN DISCIPLINE Original proceeding in discipline. Opinion filed October 9, 2015.
More informationDISCIPLINARY PROCESS of the VIRGINIA STATE BAR
DISCIPLINARY PROCESS of the VIRGINIA STATE BAR Prepared by: Paul D. Georgiadis, Assistant Bar Counsel & Leslie T. Haley, Senior Ethics Counsel Edited and revised by Jane A. Fletcher, Deputy Intake Counsel
More informationDANGER ZONE: THE NO CONTACT RULE IN CONDEMNATION LITIGATION
DANGER ZONE: THE NO CONTACT RULE IN CONDEMNATION LITIGATION ---------- Oregon Eminent Domain Conference Portland May 19, 2011 Mark J. Fucile Fucile & Reising LLP 115 NW 1 st Avenue, Suite 401 Portland,
More informationLOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B
124 NORTH CAROLINA ROBESON COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION LOCAL RULES OF CIVIL PROCEDURE FOR THE SUPERIOR COURTS OF JUDICIAL DISTRICT 16B Rule 1. Name. These rules shall
More informationSubmitted April 9, 2018 Decided April 23, 2018 Remanded by Supreme Court November 2, 2018 Resubmitted December 21, 2018 Decided January 15, 2019
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding
More informationReport of the Unauthorized Practice of Law Committee
Ohio State Bar Association Council of Delegates November 2005 Meeting 19 Report of the Unauthorized Practice of Law Committee To the Council of Delegates: The OSBA Unauthorized Practice of Law Committee
More informationIN THE SUPREME COURT OF THE STATE OF NEW MEXICO OPINION
IN THE SUPREME COURT OF THE STATE OF NEW MEXICO Opinion Number: Filing Date: March 14, 2013 Docket No. 33,280 IN THE MATTER OF GENE N. CHAVEZ, ESQUIRE AN ATTORNEY SUSPENDED FROM THE PRACTICE OF LAW BEFORE
More informationFriday 6th February, 2004.
Friday 6th February, 2004. Heretofore came the Virginia State Bar, by Jean P. Dahnk, its President, and Thomas A. Edmonds, its Executive Director and Chief Operating Officer, pursuant to the Rules for
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA INTRODUCTION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORINE SYLVIA CAVE, Plaintiff, v. DELTA DENTAL OF CALIFORNIA, Defendant. Case No. -cv-0-who ORDER GRANTING MOTION TO DISMISS Re: Dkt. No.,,
More informationAward FINRA Dispute Resolution
Award In the Matter of the Arbitration Between: Claimants Bruce A. Wilkerson and Antoinette M. Wilkerson, Individually and as Trustees of the Wilkerson Family Education Trust, Laura A. Wilkerson Trustee
More informationNo. 106,962 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. In the Matter of the Marriage of. JULIE A. BERGMANN, Appellee, and
No. 106,962 IN THE COURT OF APPEALS OF THE STATE OF KANSAS In the Matter of the Marriage of JULIE A. BERGMANN, Appellee, and ROBERT A. SOKOL, Appellant. SYLLABUS BY THE COURT 1. Amendments to K.S.A. 60-211
More informationGetting Out Early: Motion Techniques for Early Resolution of Claims. Jay Skukowski
Getting Out Early: Motion Techniques for Early Resolution of Claims Jay Skukowski 416-593-1221 jskukowski@blaney.com What is a Motion? A motion is an oral or written application requesting a court to make
More informationPeople v. Alster. 07PDJ056. March 12, Attorney Regulation. Following a Sanctions Hearing, the Presiding Disciplinary Judge suspended Respondent
People v. Alster. 07PDJ056. March 12, 2009. Attorney Regulation. Following a Sanctions Hearing, the Presiding Disciplinary Judge suspended Respondent Christopher Alster (Attorney Registration No. 11884)
More informationPeople v. Crews, 05PDJ049. March 6, Attorney Regulation. Following a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent
People v. Crews, 05PDJ049. March 6, 2006. Attorney Regulation. Following a sanctions hearing, the Presiding Disciplinary Judge disbarred Respondent Richard A. Crews (Attorney Registration No. 32472) from
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII ) ) ) ) ) ) ) ) ) ) ) ) ) )
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII PROPERTY RIGHTS LAW GROUP, P.C., an Illinois Professional Corporation, vs. Plaintiffs, SANDRA D. LYNCH, JOHN KANG, alias Lee Miller; and KEALA
More informationINDEX. . accountants and actuaries, negligence, . but-for test, factual causation.. but for test, material contribution test, 22-23
INDEX accountants and actuaries. contract, breach of, 157. damages, assessment, 159. duties owed to third parties, 67-68. fiduciary duty, breach of, 157-159. liability, generally, 149. negligence.. duty
More informationDISTRICT OF COLUMBIA COURT OF APPEALS. No. 07-BG A Member of the Bar of the District of Columbia Court of Appeals (Bar Registration No.
Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections
More informationJUDICIAL DISCLOSURE AND DISQUALIFICATION: THE NEED FOR MORE GUIDANCE
JUDICIAL DISCLOSURE AND DISQUALIFICATION: THE NEED FOR MORE GUIDANCE LESLIE W. ABRAMSON Important provisions of the newly revised American Bar Association Code of Judicial Conduct relate to whether a judge
More informationFILED: NEW YORK COUNTY CLERK 10/27/ :11 PM INDEX NO /2016 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 10/27/2017
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X ALVIN DWORMAN, individually, and derivatively on behalf of CAPITAL
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CARL S.
Brundige v. Everbank Doc. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CARL S. BRUNDIGE, Appellant, -v- 1:15-CV-1365
More informationPetition for Writ of Certiorari Denied May 8, 1990 COUNSEL
STATE V. CASTILLO, 1990-NMCA-043, 110 N.M. 54, 791 P.2d 808 (Ct. App. 1990) STATE OF NEW MEXICO, Plaintiff-Appellee, vs. MARIO CASTILLO, Defendant-Appellant Nos. 11074, 11119 Consolidated COURT OF APPEALS
More informationCOURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 2-08-349-CV IN THE INTEREST OF M.I.L., A CHILD ------------ FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY ------------ MEMORANDUM OPINION 1 ------------
More informationTEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-03-00156-CV Amanda Baird; Peter Torres; and Peter Torres, Jr., P.C., Appellants v. Margaret Villegas and Tom Tourtellotte, Appellees FROM THE COUNTY
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) NOTICE
Evenflow, Inc. v. Domains by Proxy, Inc. Doc. 1 John A. Stottlemire Lake Garrison Street Fremont, CA Telephone: ( - Email: jstottl@comcast.net Defendant, pro se UNITED STATES DISTRICT COURT NORTHERN DISTRICT
More informationFINDINGS OF FACT, CONCLUSIONS OF LAW, AND IMPOSITION OF SANCTIONS
People v. Wright, GC98C90. 5/04/99. Attorney Regulation. The Presiding Disciplinary Judge and Hearing Board disbarred respondent for his conduct while under suspension. Six counts in the complaint alleged
More informationCase 4:14-cv CW Document 127 Filed 08/08/16 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Case :-cv-000-cw Document Filed 0/0/ Page of IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SONG FI, INC., JOSEPH N. BROTHERTON, LISA M. PELLEGRINO, N.G.B., RASTA ROCK, INC.,
More informationCase: 1:13-cv Document #: 52 Filed: 10/07/13 Page 1 of 10 PageID #:1366
Case: 1:13-cv-04341 Document #: 52 Filed: 10/07/13 Page 1 of 10 PageID #:1366 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PRENDA LAW, INC., ) Case No. 1:13-cv-04341
More informationRULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS
American Bar Association CPR Policy Implementation Committee Variations of the ABA Model Rules of Professional Conduct RULE 3.1: MERITORIOUS CLAIMS AND CONTENTIONS A lawyer shall not bring or defend a
More informationETHICS IN EMINENT DOMAIN: THE NO CONTACT RULE VARIATIONS ON A THEME
ETHICS IN EMINENT DOMAIN: THE NO CONTACT RULE VARIATIONS ON A THEME ---------- Oregon Eminent Domain Conference Portland June 5, 2014 Mark J. Fucile Fucile & Reising LLP Portland Union Station 800 NW 6
More informationMSPB Advocacy TABLE OF CONTENTS. A. Introduction And Overview To Representing The Agency Before The MSPB. 3. Other Relevant Statutes And Regulations
MSPB Advocacy Description: This is a class for those who represent parties before the MSPB. It can be adapted to particularly suit Agency or Employee representatives. There is an emphasis on practical
More informationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ADVANCED PHYSICIANS S.C., VS. Plaintiff, CONNECTICUT GENERAL LIFE INSURANCE COMPANY, ET AL., Defendants. CIVIL ACTION NO. 3:16-CV-2355-G
More informationCohen v Kachroo 2013 NY Slip Op 30416(U) February 22, 2013 Supreme Court, New York County Docket Number: /10 Judge: Eileen A.
Cohen v Kachroo 2013 NY Slip Op 30416(U) February 22, 2013 Supreme Court, New York County Docket Number: 111735/10 Judge: Eileen A. Rakower Republished from New York State Unified Court System's E-Courts
More informationPeople v. Ringler. 12PDJ087. June 21, Attorney Regulation. The Presiding Disciplinary Judge disbarred Victoria Lynne Ringler (Attorney
People v. Ringler. 12PDJ087. June 21, 2013. Attorney Regulation. The Presiding Disciplinary Judge disbarred Victoria Lynne Ringler (Attorney Registration Number 30727), effective July 26, 2013. Ringler
More informationEmployer Liability and Title VII: Recent U.S. Supreme Court Guidance on Supervisor Conduct and Retaliation
Employer Liability and Title VII: Recent U.S. Supreme Court Guidance on Supervisor Conduct and Retaliation Presented by Jonathan S. Parritz Maslon Edelman Borman & Brand, LLP jon.parritz@maslon.com p 612.672.8334
More informationUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiff, Defendant.
Case :-cv-00-ben-ksc Document 0 Filed 0// PageID.0 Page of 0 0 ANDREA NATHAN, on behalf of herself, all others similarly situated, v. VITAMIN SHOPPE, INC., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT
More informationAccountancy Scheme Sanctions Guidance
Guidance Financial Reporting Council April 2018 Accountancy Scheme Sanctions Guidance The FRC s mission is to promote transparency and integrity in business. The FRC sets the UK Corporate Governance and
More informationIN THE SUPREME COURT OF TEXAS
IN THE SUPREME COURT OF TEXAS Misc. Docket No. 18-9031 ORDER ADOPTING AMENDMENTS TO THE TEXAS RULES OF DISCIPLINARY PROCEDURE ORDERED that: 1. To comply with the Act of May 28, 2017, 85th Leg., R.S., ch.
More information2. Denies knowledge and information suffrcient to form a belief with respect to
SUPREME COURT OF THE STATE OF NEV/ YORK COUNTY OF ONEIDA In Te FIFTH JUDICIAL DISTRICT ASBESTOS LITIGATION This document applies to: FRANCIS JAKUBOWSKI and GLORIA JAKUBOWSKI, X Index No. EFCA2}I 6-00237
More informationIN THE SUPREME COURT OF IOWA. No Filed May 1, 2015 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD,
IN THE SUPREME COURT OF IOWA No. 15 0156 Filed May 1, 2015 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. KENNETH J. WEILAND, JR., Respondent. On review of the report of the Grievance
More informationIndex of Subjects. Created by: Neil Savage, JD Legal Publications Editor/Indexer th Ave NE Seattle, WA
Created by: Neil Savage, JD Legal Publications Editor/Indexer 17812 28th Ave NE Seattle, WA 98155-4006 206-367-9312 Index of Subjects Advertising and solicitation Chat room advertising, 8.13(a) Generally,
More information[Cite as State ex rel. Gobich v. Indus. Comm., 103 Ohio St.3d 585, 2004-Ohio-5990.]
[Cite as State ex rel. Gobich v. Indus. Comm., 103 Ohio St.3d 585, 2004-Ohio-5990.] THE STATE EX REL. GOBICH, APPELLANT, v. INDUSTRIAL COMMISSION OF OHIO, APPELLEE. [Cite as State ex rel. Gobich v. Indus.
More informationAdministrative Sanctions: imposing warnings and fines
Administrative Sanctions: imposing warnings and fines Introduction This leaflet provides an overview of the Bar Standards Board s (BSB s) use of administrative sanctions as one of the tools available to
More informationUNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON
0 0 Collette C. Leland, WSBA No. 0 WINSTON & CASHATT, LAWYERS, a Professional Service Corporation 0 W. Riverside, Ste. 00 Spokane, WA 0 Telephone: (0) - Attorneys for Maureen C. VanderMay and The VanderMay
More informationEXPLORING RECENT CHANGES TO ABA MODEL RULES OF PROFESSIONAL CONDUCT:
EXPLORING RECENT CHANGES TO ABA MODEL RULES OF PROFESSIONAL CONDUCT: The Affects Discrimination and Anti-harassment Language Will Have on the Legal Profession Drake General Practice Review 2017 Brooke
More informationThird District Court of Appeal State of Florida
Third District Court of Appeal State of Florida Opinion filed September 17, 2014. Not final until disposition of timely filed motion for rehearing. No. 3D14-21 Lower Tribunal No. 12-6752 David Ledo, Appellant,
More informationSECTION 2 BEFORE FILING SUIT
Contents ETHICAL ISSUES IN LITIGATION... 2 HANDLING FALSE INFORMATION... 2 MR 3.3: Candor Towards the Tribunal... 3 Timing of the False Testimony Before the witness takes the stand.... 4 Under oath....
More informationWORKING WITH CLIENTS AND TRIAL COUNSEL IN DEPENDENCY APPEALS. By Jonathan D. Soglin 1 Staff Attorney, First District Appellate Project May, 2001
WORKING WITH CLIENTS AND TRIAL COUNSEL IN DEPENDENCY APPEALS By Jonathan D. Soglin 1 Staff Attorney, First District Appellate Project May, 2001 I. DUTY TO COMMUNICATE WITH AND PROPERLY ADVISE CLIENT. A.
More informationFILED: ONEIDA COUNTY CLERK 01/27/ :26 PM
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONEIDA -----------------------------------------------------------------------x FRANK JAKUBOWSKI and GLORIA JAKUBOWSKI, -against- Plaintiffs, A.O. SMITH
More informationDISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL RESPONSIBILITY
DISTRICT OF COLUMBIA COURT OF APPEALS BOARD ON PROFESSIONAL RESPONSIBILITY In the Matter of: ) ) MICHAEL C. MEISLER, ) Bar Docket No. 414-98 ) Respondent. ) REPORT AND RECOMMENDATION OF THE BOARD ON PROFESSIONAL
More informationIN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CASE NO. 12-CV-5162 ORDER
Case 5:12-cv-05162-SOH Document 146 Filed 09/26/14 Page 1 of 7 PageID #: 2456 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CITY OF PONTIAC GENERAL EMPLOYEES RETIREMENT
More informationThe SEC proposes to codify the rule as a new Part 205 to Chapter 17 of the Code of Federal Regulations.
SEC PROPOSES RULES OF PROFESSIONAL CONDUCT FOR ATTORNEYS APPEARING AND PRACTICING BEFORE THE SEC SIMPSON THACHER & BARTLETT LLP DECEMBER 16, 2002 On November 21, 2002, the Securities and Exchange Commission
More informationHow to Draft Pleadings in a Civil Case
STEPPING UP & STEPPING OUT Keys to Effective Motions Practice and How to Draft Pleadings in a Civil Case Rex P. Fennessey Mark B. Leadlove How to Draft Pleadings in a Civil Case 1 What Are Pleadings? Missouri
More informationFILED: NIAGARA COUNTY CLERK 02/15/ :54 PM INDEX NO. E157285/2015 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 02/15/2017
STATE OF NEW YORK SUPREME COURT: COUNTY OF NIAGARA MARTINE JURON vs. Plaintiff, GENERAL MOTORS COMPANY, GENERAL MOTORS HOLDING CORPORATION, COMPLAINT GENERAL MOTORS LLC, SATURN OF CLARENCE, INC., now known
More informationIN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 22, 2007
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs May 22, 2007 WILLIAM MATNEY PUTMAN v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Carter County No. S18111
More informationJanuary 2018 RULES OF THE ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION
January 2018 RULES OF THE ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois One Prudential Plaza 130 East Randolph Drive,
More informationADR CODE OF PROCEDURE
Last Revised 12/1/2006 ADR CODE OF PROCEDURE Rules & Procedures for Arbitration RULE 1: SCOPE OF RULES A. The arbitration Rules and Procedures ( Rules ) govern binding arbitration of disputes or claims
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS DOMINIC J. RIGGIO, Plaintiff-Appellee, UNPUBLISHED November 26, 2013 v Nos. 308587, 308588 & 310508 Macomb Circuit Court SHARON RIGGIO, LC Nos. 2007-005787-DO & 2009-000698-DO
More informationv. Docket No Cncv RULING ON MOTIONS TO DISMISS AND MOTION TO STRIKE
Felis v. Downs Rachlin Martin, PLLC, No. 848-8-14 Cncv (Toor, J., Jan. 22, 2015). [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of
More informationHEALTH CARE LIABILITY UPDATE, 2014
HEALTH CARE LIABILITY UPDATE, 2014 PAULA SWEENEY Slack & Davis 2911 Turtle Creek Boulevard Suite 1400 Dallas Texas 75219 (214) 528-8686 psweeney@slackdavis.com State Bar of Texas ADVANCED MEDICAL TORTS
More informationCOUNSEL JUDGES. Hendley, J., wrote the opinion. WE CONCUR: WILLIAM W. BIVINS, Judge, A. JOSEPH ALARID, Judge AUTHOR: HENDLEY OPINION
1 STATE V. BOYER, 1985-NMCA-029, 103 N.M. 655, 712 P.2d 1 (Ct. App. 1985) STATE OF NEW MEXICO, Plaintiff-Appellee, vs. SHERWOOD BOYER, Defendant-Appellant. No. 8175 COURT OF APPEALS OF NEW MEXICO 1985-NMCA-029,
More informationENTRY ORDER SUPREME COURT DOCKET NO APRIL TERM, 1996
PCB 101 [01-Sep-1995] ENTRY ORDER SUPREME COURT DOCKET NO. 95-486 APRIL TERM, 1996 In re Craig R. Wenk APPEALED FROM: Professional Conduct Board DOCKET NO. 95-10 In the above-entitled cause, the Clerk
More informationSEMINOLE TRIBE OF FLORIDA
SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL
More information1 California Procedure (5th), Attorneys
1 California Procedure (5th), Attorneys I. INTRODUCTION A. [ 1] Organization of Chapter. B. [ 2] Statutory and Regulatory Framework. B-1. [ 2A] (New) Reorganization of State Bar Rules. C. Nature and Function
More informationTo the Honorable Chief Justice and Associate Justices of the. This matter was before us on a certification of default filed
SUPREME COURT OF NEW JERSEY Disciplinary Review Board Docket No. DRB 17-100 District Docket No. XIV-2015-0565E IN THE MATTER OF JEFFREY R. GROW AN ATTORNEY AT LAW Decision Decided: September 15, 2017 To
More informationUtah Court Rules on Trial Motions Francis J. Carney
Revised July 10, 2015 NOTE 18 December 2015: The trial and post-trial motions have been amended, effective 1 May 2016. See my blog post for 18 December 2015. This paper will be revised to reflect those
More informationOPINION AND ORDER IMPOSING SANCTIONS
People v. Pedersen, No. 99PDJ024, 9/21/99. Attorney Regulation. The Presiding Disciplinary Judge and the Hearing Board disbarred the respondent, Phillip M. Pedersen, for accepting a retainer, agreeing
More informationFilip Factors and The Yates Memo
Did You Get the Memo? What the Yates Memo Means for Companies and Their Counsel Filip Factors and The Yates Memo Presented by Shari A. Brandt, Esq. (Richards Kibbe & Orbe LLP) Date 18 February 2017 ABA
More informationIN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO. vs. No. 31,783. APPEAL FROM THE DISTRICT COURT OF OTERO COUNTY James Waylon Counts, District Judge
This memorandum opinion was not selected for publication in the New Mexico Reports. Please see Rule -0 NMRA for restrictions on the citation of unpublished memorandum opinions. Please also note that this
More informationDistrict of Columbia Court of Appeals Board on Professional Responsibility. Board Rules
District of Columbia Court of Appeals Board on Professional Responsibility Board Rules Adopted June 23, 1983 Effective July 1, 1983 This edition represents a complete revision of the Board Rules. All previous
More informationLOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: HILLIARD CHARLES FAZANDE III DOCKET NO. 18-DB-055 REPORT OF HEARING COMMITTEE # 37 INTRODUCTION
LOUISIANA ATTORNEY DISCIPLINARY BOARD IN RE: HILLIARD CHARLES FAZANDE III DOCKET NO. 18-DB-055 REPORT OF HEARING COMMITTEE # 37 INTRODUCTION This attorney disciplinary matter arises out of formal charges
More informationSUPREME COURT, STATE OF COLORADO
People v. Hill, No. 03PDJ001, 06.11.03. Attorney Regulation. The Hearing Board suspended Respondent, Lawrence R. Hill, attorney registration number 17447, for a period of six months all stayed pending
More informationETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN
ETHICAL CONSIDERATIONS FOR PRO BONO LAWYERS Prepared by Attorney Patricia Zeeh Risser LEGAL ACTION OF WISCONSIN for the Marquette Volunteer Legal Clinic Lawyer and Student Volunteers December 11, 2008
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D September 2, 2009 No. 09-30064 Summary Calendar Charles R. Fulbruge III Clerk ROY A. VANDERHOFF
More informationFiling # E-Filed 01/22/ :58:37 PM
Filing # 83731690 E-Filed 01/22/2019 05:58:37 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA BRENDA FORMAN, ) CASE NO.: DVCE 18008661 Petitioner, ) JUDGE: ALTFIELD
More informationEthics for Municipal Attorneys
LEAGUE OF WISCONSIN MUNICIPALITIES 2018 MUNICIPAL ATTORNEYS INSTITUTE June 20, 2018 Ethics for Municipal Attorneys Presented by: Dean R. Dietrich, Esq. Ruder Ware L.L.S.C. P.O. Box 8050 Wausau, WI 54402-8050
More informationCase 3:17-cv L Document 25 Filed 05/02/18 Page 1 of 6 PageID 171
Case 3:17-cv-03300-L Document 25 Filed 05/02/18 Page 1 of 6 PageID 171 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MBA ENGINEERING, INC., as Sponsor and Administrator
More information[SUBSECTIONS (a) AND (b) ARE UNCHANGED]
(Filed - April 3, 2008 - Effective August 1, 2008) Rule XI. Disciplinary Proceedings. Section 1. Jurisdiction. [UNCHANGED] Section 2. Grounds for discipline. [SUBSECTIONS (a) AND (b) ARE UNCHANGED] (c)
More informationPeople v. Jerold R. Gilbert. 17PDJ044. January 8, 2018.
People v. Jerold R. Gilbert. 17PDJ044. January 8, 2018. Following a sanctions hearing, the Presiding Disciplinary Judge disbarred Jerold R. Gilbert (attorney registration number 20301), effective February
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA
MIKE K. STRONG, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA vs. Plaintiff, HSBC MORTGAGE SERVICES, INC.; CALIBER HOME LOANS, INC., US Bank Trust N.A. as Trustee of LSF9 Master Participation
More informationGowling Lafleur Henderson LLP, Mark Siegel and Rosanne Dawson, Defendants. Raymond Chabot Grant Thornton LLP, Third Party
CITATION: Ozerdinc Family Trust et al v Gowling et al, 2017 ONSC 6 COURT FILE NO.: 13-57421 A1 DATE: 2017/01/03 SUPERIOR COURT OF JUSTICE - ONTARIO RE: BEFORE: Ozerdinc Family Trust, Muharrem Ersin Ozerdinc,
More informationFORMAL OPINION NO Conflicts of Interest: Former State Appellate Public Defender in Private Practice
FORMAL OPINION NO 2005-160 Conflicts of Interest: Former State Appellate Public Defender in Private Practice Facts: Lawyer in private practice seeks to represent clients who wish to appeal the denial of
More informationIN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DEMARCUS O. JOHNSON, ) ) Plaintiff, ) ) Case No. 15-CV-1070-MJR vs. ) ) UNITED STATES OF AMERICA, ) ) Defendant. ) REAGAN, Chief
More informationDocket No. 26,646 SUPREME COURT OF NEW MEXICO 2001-NMSC-021, 130 N.M. 627, 29 P.3d 527 August 16, 2001, Filed
1 IN RE QUINTANA, 2001-NMSC-021, 130 N.M. 627, 29 P.3d 527 In the Matter of ORLANDO A. QUINTANA, ESQUIRE, An Attorney Licensed to Practice Law Before the Courts of the State of New Mexico Docket No. 26,646
More informationSupreme Court of Florida
Supreme Court of Florida No. SC96979 THE FLORIDA BAR, Complainant, vs. MELODY RIDGLEY FORTUNATO, Respondent. [March 22, 2001] PER CURIAM. We have for review a referee s report recommending that attorney
More informationTHE STATE OF NEW HAMPSHIRE SUPREME COURT LD IN THE MATTER OF Paul W. Bruzga, Esquire
THE STATE OF NEW HAMPSHIRE SUPREME COURT LD-2010-0012 IN THE MATTER OF Paul W. Bruzga, Esquire BRIEF FOR THE NEW HAMPSHIRE SUPREME COURT PROFESSIONAL CONDUCT COMMITTEE New Hampshire Supreme Court Professional
More informationIN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO PATRICK W. CANTLIN, et al. ) CASE NO. CV 12 790865 ) Plaintiffs, ) JUDGE JOHN P. O DONNELL ) vs. ) JOURNAL ENTRY GRANTING ) THE PLAINTIFFS MOTION SMYTHE
More informationPlaintiff, : : : : John Sgaliordich is an individual investor who alleges that various investment
-VVP Sgaliordich v. Lloyd's Asset Management et al Doc. 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------ X JOHN ANTHONY SGALIORDICH,
More informationPeople v. Espinoza, No. 00PDJ044 (consolidated with 00PDJ051) 1/30/01. Attorney Regulation. The Presiding Disciplinary Judge ( PDJ ) and Hearing
People v. Espinoza, No. 00PDJ044 (consolidated with 00PDJ051) 1/30/01. Attorney Regulation. The Presiding Disciplinary Judge ( PDJ ) and Hearing Board disbarred Pamela Michelle Espinoza from the practice
More informationCase 1:17-cv JB-KBM Document 14 Filed 03/30/18 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
Case 1:17-cv-01258-JB-KBM Document 14 Filed 03/30/18 Page 1 of 13 DANIEL E. CORIZ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO Petitioner, No. 1:17-CV-01258 JB/KBM v. VICTOR RODRIGUEZ,
More informationHow Cos. Can Take Advantage Of DOJ False Claims Act Memo
Portfolio Media. Inc. 111 West 19 th Street, 5th Floor New York, NY 10011 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com How Cos. Can Take Advantage Of DOJ False
More information