News & Analysis as of

Sanctions Contempt

Ward and Smith, P.A.

"My Lawyer Made Me Do It" is Not an Absolute Defense to Bankruptcy Court Sanctions

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Last year, we offered a lesson and a moral from a North Carolina district court decision reversing a $115,000 sanctions order by a North Carolina bankruptcy court.  The lesson from the case was that the bankruptcy court...more

Farrell Fritz, P.C.

Court Reminds Parties That Discovery Orders Are Not a Hoax

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For some, discovery is merely a necessary evil in the litigation process. And so, it should come as no surprise that the discovery process is often ripe with gamesmanship. A recent decision reminds practitioners, however,...more

Jones Day

Second Circuit Affirms Denial of Contempt Sanctions on Foreign Banks with Accounts of Non-Compliant Judgment Debtors

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The Underlying Dispute The dispute giving rise to the Second Circuit's decision began with a trademark infringement suit filed by Nike in 2013 against several hundred Chinese retailers for selling counterfeit Nike products on...more

Ward and Smith, P.A.

Use Clarity to Avoid Contempt in Bankruptcy

Ward and Smith, P.A. on

This is a story about contempt and clarity - It comes to us from a July 2021 North Carolina district court decision reversing a $115,000 sanctions order by a North Carolina bankruptcy court. The story offers a lesson and...more

Lewitt Hackman

Franchisee 101: COVID Defense Leads to Contempt

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A federal court in Tennessee held a Gus’s World Famous Fried Chicken former franchisee in contempt for failure to deidentify its restaurant after entry of a temporary restraining order and consent to a permanent injunction. ...more

Farrell Fritz, P.C.

Attorneys Avoid Civil Contempt Despite “Complicit” Role in Client’s Willful Disregard of Court Order

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What consequences might an attorney face if she allows her client to deliberately disregard a court order? A recent decision by Justice Sherwood held that civil contempt is not an appropriate sanction for such complicity so...more

BCLP

Ninth Circuit Declines To Decide When Contempt Sanction Becomes Punishment

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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

Dechert LLP

Restructuring and Insolvency Bulletin Issue 3 - January 2018: Long Arm Jurisdiction? Foreign Counsel May Not Be Sanctioned Absent...

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The Bankruptcy Court for the Southern District of New York recently held that a foreign counsel cannot be sanctioned for an attempt to assist its client in avoiding discovery orders issued by the court, when personal...more

Patterson Belknap Webb & Tyler LLP

Justice Department Accuses Google of “Alarming” Tactics in Fight over SCA Search Warrant

The ongoing dispute between the government and Google concerning the company’s refusal to hand over customer data stored on foreign servers has taken an odd twist. Now, the Justice Department is demanding that Google be...more

Goulston & Storrs PC

Eleventh Circuit Finds No Coverage for Contempt Proceedings under Lloyd's Professional Liability Insurance Policy

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In Jones, Foster, Johnston & Stubbs, P.A. v. Prosight-Syndicate 1110 at Lloyd’s, United States No. 15-12399, 2017 WL 586450 (11th Cir., February 14, 2017) the insured law firm sought to recover legal fees and costs incurred...more

BCLP

Ruined, Missing Wine leads to Million Dollar Hangover for Debtor

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A Chapter 7 debtor’s failure to comply with a bankruptcy court order to preserve a $2 million dollar-plus collection of fine wines has led to the imposition of sanctions of over $1 million, most of which could be charged...more

Jaburg Wilk

Joint Legal Decision Making Must Parental Addresses be Disclosed?

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A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19436 - Miller v. Appellate Court - When the appellant’s attorney kept missing deadlines and failed to comply with other Appellate Court rules in four pending appeals, one...more

Carlton Fields

Accidentally On Purpose: Washington Court Finds Coverage For Contempt Of Court Based On “Misunderstanding”

Carlton Fields on

Professional liability policies cover claims based on the insured’s alleged negligent acts, errors or omissions, and not claims for “sanctions or penalties” for “willful” professional misconduct. But the insurer’s duty to...more

Seyfarth Shaw LLP

Court Awards The EEOC Attorneys’ Fees And Contempt Fines In Post-Judgment Discovery Dispute

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In EEOC v. Northern Star Hospitality, Inc., No. 12-CV-214 (W.D. Wis.), a case we have blogged about previously here, Judge Barbara B. Crabb of the U.S. District Court for the Western District of Wisconsin imposed contempt...more

U.S. Equal Employment Opportunity Commission...

Menomonie Restaurant Owner in Contempt of Court

Wisconsin Company Held in Contempt for Failure to Provide Information and Pay EEOC's Attorney's Fees - MADISON, WISCONSIN - North Broadway Holdings, Inc., owner of a restaurant previously known as Sparx Restaurant, and...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2015

In This Issue: - - Attorney-Client Privilege/Work Product Decisions: ..Decisions Protecting Against Disclosure ..Decisions Ordering Disclosure - Spoliation and Preservation Decisions: ..Sanctions...more

U.S. Equal Employment Opportunity Commission...

GE Oil & Gas to Pay EEOC $5,300 for Contempt in EEOC Subpoena Enforcement Action

Company Failed to Comply With Court Order in Race and Age Bias Case - HOUSTON - A federal judge has ordered GE Oil & Gas, Inc., a subsidiary of General Electric Corporation, to pay $5,300 as a sanction for contempt of...more

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