In Pennsylvania, a defendant faces Indirect Criminal Contempt (“ICC”) if he or she is found in violation of a temporary or final Protection from Abuse (“PFA”) Order. Pennsylvania statute 23 Pa.C.S. Section 6113 is the...more
This party started in a public bar in Silt, CO in early January. When we wrote about it on January 9, it was looking like the Congresswoman was the perp and her ex husband the victim of the mele. But almost immediately...more
Last week, in The Seaview at Amagansett, Ltd. v. Town of East Hampton Justice Paul J. Baisely, Jr. found the Town of East Hampton and several of its officials in civil and criminal contempt of the Appellate Division, Second...more
In XL Insurance Company SE v. IPORS Underwriting Ltd, Paul Alan Corcoran & Others [2021] EWHC 1407 (Comm), Mrs. Justice Cockerill DBE imposed an immediate maximum sentence of two years’ imprisonment following an application...more
As we continue our weekly update on COVID-19 related litigation, we have decided that this 19th issue of Unprecedented is the most fitting time for a format change to make viewing our content easier. Now, all content is...more
In a judgment dated 2 April 2020, which only recently became available, a Commercial Court judge took the exceptional step of sentencing four absent respondents to prison for contempt of court (Dell Emerging Markets (EMEA)...more
So you (allegedly) violated a bankruptcy court order. Whether the debtor alleges you violated the terms of a confirmed plan, failed to provide certain notices required by the bankruptcy rules, violated the discharge...more
The Situation: A recent decision of the Full Court of the Federal Court of Australia has significant implications for prosecuting authorities, including corporate regulators. The decision affects the circumstances in which an...more
Two weeks ago, a federal court of appeals sided with the Commodity Futures Trading Commission ruling that a district court could not require the testimony of three commissioners and various staff to assess whether the agency...more
On June 11, the House of Representatives voted along party lines to approve a measure, titled Resolution 430, to streamline the ability to enforce subpoenas issued to the targets of congressional investigations. Among other...more
In recent weeks, courts in England and Hong Kong have taken the opportunity to set out the serious consequences that follow from deliberately breaching disclosure orders made in the context of freezing orders....more
Elon Musk, in a court filing, offered the following reasons why he should not be held in contempt of court for violating a court Order a recent tweet...more
Bankruptcy courts have authority to hold in civil contempt one who refuses to comply with a bankruptcy court order, including incarceration and/or daily fines until the offender complies. But when does civil contempt cross...more
In a helpful decision for claimants, the UK Supreme Court has confirmed that conspiring to breach a Freezing Order constitutes “unlawful means” for the purposes of the tort of Unlawful Means Conspiracy....more
House Passes Resolution to Expand Congressional Subpoena Power and Demand Extraordinary Compliance from its Targets - Yesterday, the House passed a bill that could expand Congress’s investigative authority and...more