News & Analysis as of

Tort Actions Against Public Entities – CCP § 1038 Sanctions Cannot be Awarded Against Parties’ Counsel

Kathryn Settle v. State of California - California Court Of Appeal, Second Appellate District (July 23, 2014) - When a public entity is sued in tort, Code of Civil Procedure (“CCP”) § 1038 requires a mandatory...more

Fourth Circuit Affirms Sanctions Against the EEOC In Action Fraught with Delays

Many employers who have dealt with the EEOC in large cases suffer frustration over inexplicable delays combined with at times unreasonable requests for information and/or relief. In a recent case from the Fourth Circuit, that...more

The Civil Rules Committee Goes Back to the Drawing Board on Rule 37(e)

Calling its prior proposal “too restrictive,” the Advisory Committee on Civil Rules published a substantially revised version of Federal Rule of Civil Procedure 37(e) in the agenda for its April 10-11 meeting. The Committee...more

Nevada Judge Sanctions State AG In Robosigning Suit

On January 30, Nevada’s Clark County District Court ordered the State AG to pay attorneys’ fees in connection with a mortgage servicing vendor’s attempts to obtain discovery in the state’s case alleging the company...more

Apple v. Samsung Sanction Decision: the Bark Is Worse Than the Bite as Apple and Nokia Overreach in Their Request for Sanctions

To resolve Apple and Nokia's request for sanctions against Samsung from Samsung's violation of a protective order, the court ordered written discovery and depositions to determine the extent of the violation. After discovery...more

Sanctions for Retaining Non Admitted Co Counsel Are Not Proper

In Marriage of Bianco, the California Court of Appeal for the Fourth Appellate District overturned a sanctions award of attorney fees. The award was rendered in a family law dispute....more

Section 128.7 Sanctions Not Available Following Arbitration

When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against the claims. In California,...more

You Can't Appeal That! Or Can You?

You may remember the case of Out of the Box Developers, LLC v. Logicbit Corp. It has spawned a couple of interesting discovery decisions. One was on subpoenas to third parties, another involved nearly $40,000 in sanctions for...more

Frivolous Arguments Lead To Sanctions And Attorney Fee Award Against Defendant And His Law Firm

After protracted litigation in a probate matter was resolved in his favor, the trustee of an estate sued a trust beneficiary and his law firm for malicious prosecution. The defendants made a special motion to strike under the...more

Another California Court Awards Attorneys' Fees in Bad-Faith Trade Secret and Patent Inventorship Lawsuit

Earlier this month, the U.S. District Court for the Southern District of California awarded more than $11 million in attorneys' fees and costs to three trade secret defendants, finding that plaintiffs who had raised a claim...more

Patent Watch: Raylon, LLC v. Complus Data Innovations, Inc.

[W]hen determining whether there was a Rule 11 violation, "the standard under which an attorney is measured is an objective, not subjective standard of reasonableness under the circumstances." [Thus, an evaluation of the...more

Rubbernecking on the Ethics Highway

California is justly famous for its highways. But human operation of vehicles makes accidents on the road inevitable. Equally inevitable is rubbernecking: gawking at carnage resulting from highway mishaps. Many drivers simply...more

Bessenyei v. Vermillion, Inc., C.A. No. 7572-VCN (Del. Ch. Nov. 16, 2012) (Noble, V.C.)

In this memorandum opinion, the Court of Chancery dismissed with prejudice a breach of fiduciary duty action after Plaintiffs submitted invalid verifications accompanying pleadings and interrogatory responses. The Court...more

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