Guggenheim Capital v. Toumei

Reply Brief of Appellant David Birnbaum

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This is the reply brief in an appeal concerning the question of whether it is proper for a court to enter, as a sanction for litigation non-compliance, a default judgment and a seven-figure statutory damages award against a penurious individual who facing related (but ultimately abandoned) criminal charges arising from the same claims; who is unrepresented by civil counsel during the pendency of the default motion but has been advised by assigned criminal counsel not to do more than assert his Fifth Amendment right against self-incrimination in the civil case; and who is accused of the “crime” of “wrongfully” using his own family name by the institutional holder of a registered trademark historically based on that same family name – conduct which, even upon the default entered against him, the district court acknowledged made him no money and regarding which there was no proof that it ever harmed the plaintiffs.

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Reference Info:Appellate Brief | Federal, 2nd Circuit, New York | United States


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