Wednesday, November 22, 2006

"Scorched-Earth Litigation" Results in Sanctions Totaling $1,260,000

Here is a report from the Knoxville News Sentinel on a recent sanctions order of $1.26 million issued by a Tennessee state judge against a plaintiff real estate developer from Florida.  He filed suit in 1999.  After 1,866 docket entries, and finding multiple misrepresentations and "improper purpose," the judge had enough.  The article reports it as the largest sanction in the state.  I note it is more than the $996,645 approved under "inherent judicial authority" by the Supreme Court in Chambers v. NASCO, Inc., 501 U.S. 32 (1991).  As in that case, this appears to be levied againt the party, not his attorneys.  [Alan Childress]

http://lawprofessors.typepad.com/legal_profession/2006/11/scorchedearth_l.html

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