Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

Tagged with: Judge Robert E. Payne Sanctions U.S. District Court - Eastern District

Where a jury found two companies’ statements about probiotics constituted false advertising, the district court enjoined them from making certain statements about the products. But when they violated that order, the court did not err in holding the companies in ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Sanctions

Where a company suing for trademark infringement willfully fabricated evidence to support its claims, resulting in prejudice to the defendant and the judicial process, the lawsuit was dismissed and the defendants were awarded their attorneys’ fees and costs spent investigating ...

Tagged with: Judge James P. Jones Sanctions U.S. District Court - Western District

Where a claimant’s defamation suit was dismissed with a warning that further frivolous pleadings might justify sanctions, her subsequently filed claims based on new conduct were not frivolous and did not warrant sanctions. The 4th U.S. Circuit Court of Appeals ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Sanctions

Where the district court sanctioned a woman and her attorney for filing a ­complaint based upon allegedly privileged communications, but the privilege applied only to a defamation claim and not a claim for tortious interference, and the district court failed ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Sanctions

Where a former employee accused of improperly competing with his employer destroyed electronic documents that he had an obligation to preserve, and the documents could not be restored or replaced, an adverse inference instruction will be given to the jury. ...

Tagged with: Judge Roderick C. Young Sanctions U.S. District Court - Eastern District

Where the plaintiff alleged defendants failed to preserve electronically stored information, or ESI, but there was no showing that they failed to produce relevant ESI or that it had been lost, the motion is denied. Background This matter comes before ...

Tagged with: Judge Norman K. Moon Sanctions U.S. District Court - Western District

Where a party demonstrated a lack of good faith by repeatedly violating the court’s discovery orders, its conduct caused its own counsel to make misleading statements and obstruct meaningful discovery, and the defendants suffered prejudice, a magistrate judge’s sanctions order ...

Tagged with: Judge Rossie D. Alston Jr. Sanctions U.S. District Court - Eastern District

Where a defense contractor that was sued for employment discrimination failed to make its initial disclosures and failed to respond to discovery despite a court order, and these actions prejudiced the former employee, a default judgment was entered on liability. ...

Tagged with: Judge Roderick C. Young Sanctions U.S. District Court - Eastern District

Where a defendant sued for making allegedly defamatory statements about the plaintiff — a counter-protestor who posted video of the “Unite the Right” rallies in Charlottesville — failed to preserve potentially relevant documents, the plaintiff was entitled to an adverse ...

Tagged with: Judge Joel Hoppe Sanctions U.S. District Court - Western District