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Tag Archives: Sanctions

Civil Practice – Discovery – Sanctions – Deposition Rescheduling – Medical Reasons – Nightclub Appearances – Community Service (access required)

Dash v. Mayweather Defendant obtained yet another delay of his deposition by representing to the court that he was recuperating from injuries sustained in a boxing match. However, on the day the deposition was to have taken place, defendant made an advertised appearance at a nightclub. Since defendant is a wealthy individual, the court exercises its inherent authority to fashion an appropriate sanction. Defendant is ordered to perform 40 hours of community service at the Las Vegas Habitat for Humanity Project by Jan. 31, 2012.

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Civil Practice – Vexatious Removal – Sanctions – Rule 11 – Abuse of Discretion (access required)

Wieters v. Bon Secours-St. Francis Xavier Hospital, Inc. (Ex parte Bon Secours-St. Francis Xavier Hospital, Inc.) 1. Vexatious removal is sanctionable conduct, and parties will be held accountable for the unnecessary expense and delay caused by abuses of the right to removal. 2. The trial judge abused his discretion in going beyond the conventional awards of costs and fees when he required the defendants to reimburse the Judicial Department for the cost of the court’s salary and benefits for the week it was unable to proceed with the scheduled trial, to reimburse the clerk of court for the expense it incurred in summoning and administering the jury panel, to pay $5,000 to the Access to Justice Commission and to write a letter of apology to its director, and to pay $50 to each juror with a letter of apology to each. We reverse those sanctions.

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Civil Practice – Contempt – Sanctions – Rule 34 – Preliminary Injunction – Trusts & Estates – Estate Property (access required)

Stern v. Shelley. (Lawyers Weekly No. 002-037-10, 9 pp.) (Michelle J. Childs, J.) D.S.C. Holding: Because defense counsel was undoubtedly aware that she had retained copies of photos and documents that may have been estate property, when she had previously ...

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