terry's takes
Filtered by category: sanctionsJune 23, 2023
2nd dca, attorneys fees, inequitable conduct doctrine, sanctionsGoznar v. Goknar
a brother and two sisters were involved in litigation over a family trust. an arbitration order instructed all parties to return $100,000 each to the trust, but the brother did not comply. the sisters filed a motion for contempt.
read moreJune 12, 2023
11th circuit court of appeals, corporate representative deposition, sanctionsConsumer Financial Protection Bureau v. Brown
The Eleventh Circuit upheld sanctions against the CFPB for obstructive conduct during corporate representative depositions. The CFPB, facing questions from defendants, engaged in tactics like extensive work product objections, reading from extensive “memory aids,” and refusing to disclose exculpatory facts. The district court found these actions constituted willful disobedience of discovery orders and dismissed claims against five defendants. The Eleventh Circuit affirmed, concluding that dismissal was warranted due to the CFPB's flagrant disregard of the discovery process.
read moreMay 5, 2023
6th dca, appealable order, sanctionsNelson v. McNeill
nelson was sanctioned by the trial court in a probate matter. entitlement to the sanction was found, but the trial court has not yet determined the monetary amount of the sanction.
read moreApril 5, 2023
no court, sanctionsAmaya Lighting & Plastering, LLC v. Isla
The Third District Court of Appeal's decision in Amaya Lighting & Plastering, LLC v. Isla reaffirms that trial courts cannot impose sanctions under section 57.105 merely because a party loses on the merits. To sanction a party, there must be no arguable basis in law and fact for the claim. Simply losing a case does not justify a 57.105 fee award. This decision emphasizes that sanctions require more than an unfavorable outcome and must be grounded in an objectively baseless claim.
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