Jun 6, 2023

Trademark attorney sanctioned by USPTO

Where a trademark attorney failed to act diligently and promptly in representing her clients before the United States Patent and Trademark Office, or USPTO, she was issued a public reprimand and placed on probation for 12 months. Background This matter comes before the court on Elizabeth Pasquine’s amended petition for review of an agency order […]

May 23, 2023

Discovery violations end in default judgment

Where defendants failed to respond to discovery propounded in a case alleging they violated federal and state consumer protection laws, even after they were ordered to do so by the court, default judgment was entered against each defendant as a sanction. Background In February 2021, the Consumer Financial Protection Bureau, or CFPB, the Commonwealth of […]

May 11, 2023

Pre-filing injunction entered against ‘serial filer’

Where a man filed eight lawsuits centered around alleged financial losses, each of which was dismissed; recently started adding judicial officers to his latest lawsuits and continued his conduct even after being warned by the court, he was enjoined from filing additional lawsuits against the same defendants based on the same allegations without first seeking […]

May 9, 2023

Defendant sanctioned for failure to appear at depo

Where man failed to appear for his court-ordered deposition, certain factual allegations were deemed established for purposes of this action as a sanction. Background Bogdan Bindea has filed a motion for sanctions against John Uhr under Rule 37(d) of the Federal Rules of Civil Procedure. Bindea asks the court to treat certain factual allegations against […]

May 2, 2023

Subpoenas to non-parties result in sanctions

Where a party served multiple subpoenas on a non-party that were overbroad, unduly burdensome, or which sought irrelevant or privileged information, the subpoenas were quashed and the non-parties were awarded their fees. Background On May 20, 2021, a putative class of consumer plaintiffs sued Vital Farms Inc., an egg producer alleging that Vital engages in […]

May 2, 2023

Defendants sanctioned for destruction of evidence

Where a truck driver sued for his alleged negligence in a multi-car accident deleted data on his personal tablet mounted on his windshield, gave the tablet to his girlfriend and misrepresented information about the tablet, the jury may presume that the lost data was unfavorable to the driver. Background On Aug. 11, 2018, Judy M. […]

Apr 11, 2023

Adverse inference instruction ordered in accident suit

Where a man suing for his alleged injuries in an automobile accident deleted text messages and emails on his second cell phone covering a period of two years, and discarded the phone before defendants could have their own expert conduct a deletion analysis on the phone, the jury may presume that the lost cell phone […]

Mar 20, 2023

Attorneys’ fees awarded to City of Norfolk

Where the court previously dismissed a lawsuit for lack of standing, the plaintiffs’ motion to reconsider was denied because it did not show the court misapplied the facts or the law. The City of Norfolk, moreover, was awarded most of the attorneys’ fees it incurred in defending the suit. Background On Oct. 29, 2021, plaintiffs […]

Mar 9, 2023

Destruction of relevant evidence results in dismissal

Where an employee spoliated electronically stored information, and the missing evidence could not be restored or replaced by the parties’ good-faith effort, the employee was denied leave to amend his complaint, resulting in the effective dismissal of his suit. Background Liberty University seeks sanctions against Walter Scott Lamb for the spoliation of electronically stored information, [&hellip[...]

Feb 26, 2023

No sanctions for failure to preserve evidence

Where defendants argued a woman who was injured in an automobile accident should be sanctioned because her vehicle event data recorder, or EDR, had been destroyed, but the record showed the woman’s counsel took reasonable steps to preserve the EDR, but defense counsel failed to take timely steps to gather such evidence, the motion was […]

Feb 17, 2023

Sanctions denied despite late document production

Although a party in a complex construction case made a late production of more than 79,000 documents, requiring the re-deposition of five witnesses, sanctions were denied. The party acted promptly by alerting the court and opposing counsel about the error, and discovery was completed within the discovery deadline. Background In this complex construction case, on […]

Feb 17, 2023

Pro se plaintiff sanctioned for filing frivolous motions

Where the court denied a man’s four motions as baseless, and warned him against filing further similar motions, and the man then filed more similar motions, he was ordered to pay $2,660 to the defendant. Background The court directed Jie Liu to show cause why he should not be sanctioned under Rule 11. As stated […]

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