Topic
Litigation Misconduct
51 published works
Delaware Corporate & Commercial Litigation Blog
Chancery Imposes Penalties for Intentional Spoliation Coupled with Forgeries and Lies
A recent Chancery decision is blogworthy due to its analysis of an extreme case of spoliation coupled with other bad faith litigation conduct in NICbyte LLC v. Startop Investments, LLC,…
IPethics & INsights
The Peril of Pro Se Responses: Why Attorneys Must Properly Respond to Sanctions Motions
By Emil Ali
Receiving a sanctions motion or an order to show cause (OSC) can be a jarring experience for any attorney. It’s a direct challenge to your professional reputation, and the instinct…
Legal Profession Blog
A Vast Conspiracy
A five-year suspension has been ordered by the Pennsylvania Supreme Court for an attorney's conduct in litigation relating to his business tax obligationsBy Petition for Discipline filed on December 6,…
Legal Profession Blog
Patient To A Default
A letter opinion of the Delaware Court of Chancery grants a default judgment for litigation misconductThis has been a high-touch case. Defendants 4301 Operations, LLC, and Brian Conners (“Defendants”) strung…
Legal Profession Blog
Legal Holidays And Vulgar Language
The Nevada Supreme Court has suspended one attorney for 90 days and publicly reprimanded another for litigation-related violationsHaving reviewed the record and considered the parties’ arguments, we agree with the…
Legal Profession Blog
Small Ships And Large Rudders
The Washington State Court of Appeals Division III remanded to assess the amount of sanctions for litigation misconductIsaac Gordon commenced a class action lawsuit against Robinhood Financial, LLC, asserting that…
New York Attorney Malpractice Blog
Husband Sues for Judiciary Law 487 but the Wife has the Better Claim
Sciocchetti v Molinsek 2024 NY Slip Op 00116 Decided on January 11, 2024Appellate Division, Third Department is a case which highlights a common claim in matrimonial cases, that the attorney…
Delaware Corporate & Commercial Litigation Blog
Litigation Misconduct Warrants Fee Shifting
For my latest ethics column, now in its 25th year, for the national publication of the American Inns of Court called The Bencher, in the January/February 2024 edition, I highlight…
Legal Profession Blog
Witness Coaching Leads To Dismissal With Prejudice
In an unpublished decision, the New Jersey Appellate Division declined to disturb the dismissal of a slip-and-fall claim for litigation misconduct.The virtual trial began with the liability phaseThe trial began…
Legal Profession Blog
Litigation Misconduct Draws Reciprocal Censure
The New York Appellate Division for the First Judicial Department has imposed a reciprocal public censure for litigation misconduct in Massachusetts federal courtThis matter arises out of respondent's conduct after…