Friday, September 29, 2006

Case Law Development: Stopping Vexatious Litigation After Divorce

An attorney husband repeatedly brought suit in both state and federal court against his ex-wife, her family members (including his own son) and various attorneys and judges, all claiming wrongful motives or actions underlying wife's calling the police to report domestic violence, obtaining an order of protection against him and then testifying against him in their divorce.  In this particular action, the US District Court for the Southern District of New York not only dismissed all the claims for failure to state a claim or on the basis of res judicata, but also sanctioned the attorney.  Under the court's inherent authority and the authority of 28 U.S.C. § 1927, the Court ordered husband to pay the reasonable costs, expenses, and attorneys' fees incurred by the defendants in responding to the action and permanently enjoined him from "(1) pursuing further federal litigation that in any way relates to any matter arising out of his matrimonial dispute without first obtaining the authorization of the District Court, and (2) pursuing further state litigation that in any way relates to any matter arising out of his matrimonial dispute without appending this Court's opinion and order of injunction to his first filings."

Davey v. Dolan, 2006 U.S. Dist. LEXIS 68960  (September 26, 2006 bgf)

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