James v. Hartford

District Court Rebukes Firm for Repititious Meritless Pleadings

In a decision issued on Monday, Judge Werlein in the Houston District of the Southern District of Texas admonished the Mostyn Law Firm for filing meritless, repititious pleadings. Courts are seldom witty, droll, sarcastic, or clever. They are serious and businesslike. But, this court took the opportunity to rebuke one law firm without denying the relief requested:

"Plaintiff filed her Motion for Leave to File to Exceed Page Limitation, Document No. 22, proposing a response memorandum of 40 pages in length. The motion is without merit, and under normal circumstances would be denied as excessive. Here, however, the unreasonably long memorandum is filed by The Mostyn Law Firm, and it is in major portions repetitious of erroneous arguments advanced by that firm for others of its clients in Hurricane Ike cases. See, e.g., EDM Office Serv., Inc. v. Hartford Llovds Ins. Co., No. H-10-3754, 2011 WL 2619069 (S.D. Tex. July 1, 2011) (Rosenthal, J.); Dike v. Valley Forse Ins. Co., - - - F. Supp. 2d ---, 2011 WL 2517270 (S.D. Tex. June 23, 2011) (Rosenthal, J.) ; Butler v. Prop. & Cas. Ins. Co. of Hartford, No. H-10-3613, 2011 WL 2174965 (S.D. Tex. June 3, 2011). In addition, the Texas Supreme Court's recent holding in In re Universal Underwriters of Texas Ins. Co., 2011 WL 1713278 (Tex. May 6, 2011), effectively rejects as meritless Plaintiff's waiver argument. The Court reluctantly GRANTS the page limit motion simply to obviate any need for The Mostyn Law Firm to incur additional hours of attorney time to downsize its erroneous arguments to a memorandum of appropriate length."

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Published In: Civil Procedure Updates, Consumer Protection Updates, Insurance Updates, Residential Real Estate Updates

Reference Info:Decision | Federal, 5th Circuit, Texas | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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