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Criminal – Plea – Rule 11
Where a defendant pleaded guilty to two counts of carjacking and one count of possession of a firearm in furtherance of a crime of violence, the defendant’s substantial rights were not affected by a mistake during the change of plea hearing about the duration of the supervised release term for the firearm charge.
Civil practice – Rule 11 – Dismissal
Where 38 plaintiffs have filed suit for overtime wages under the FLSA, the defendant’s motion for dismissal as a sanction should be denied without prejudice because the defendant has not shown the plaintiff’s counsel violated Rule 11(b)(1) or 11(b)(2)-(3) of the Federal Rules of Civil Procedure.
1st Circuit lifts sanctions against Lawrence attorney
A Lawrence attorney should not have been subjected to Rule 11 sanctions based on his alleged assertion of frivolous claims in a state-court complaint later removed to federal court, a […]
Court upholds sanction vs. law firm in State Street Bank class action
San Francisco’s Lieff, Cabraser, Heimann & Bernstein has hit a brick wall in its bid to set aside a sanction imposed by a federal judge in Boston who found that […]
Civil practice – Sanctions – Rule 11 – Summary judgment motion
Where a judge sanctioned a plaintiff $35,000 for filing a meritless cross-motion for summary judgment, the sanctions order must be vacated because the defense motion requested sanctions against the plaintiff’s […]
Patent and trademark – Sanctions – Rule 11 – Voluntary dismissal
Where a defendant has requested sanctions after the plaintiff moved to voluntarily dismiss a design patent infringement claim, the defendant’s request should be denied because the motion for voluntary dismissal […]
Attorneys – Fees – Rule 11
Where the plaintiffs filed a baseless and vexatious cross-motion for summary judgment, the plaintiffs should be ordered to pay the defendants $35,000 in counsel fees as a sanction. “In a […]
Civil practice – Rule 11 – Sanctions
Where (1) a plaintiff brought suit claiming that the defendant published confidential and defamatory information about the plaintiff, (2) the complaint was dismissed and (3) the defendant has since requested […]
Civil practice – Rule 11 – Sanctions
Where (1) plaintiffs brought suit alleging, among other claims, breach of contract, negligent misrepresentation and violation of Chapter 93A, (2) the defendant was granted judgment on the pleadings based on […]
Criminal – Guilty plea – Rule 11 – Maximum sentence
Where a defendant who pleaded guilty received a sentence of 360 months, a resentencing must be ordered because (1) the defendant was not informed of the maximum penalty for the crime to which he was pleading guilty and (2) a provision in the plea agreement waiving the defendant's right to appeal is unenforceable.
Civil practice – Sanctions – Rule 11 – Frivolousness
Where a defendant (1) was awarded summary judgment on a plaintiff's claim of intentional tortious interference with a contract and (2) argues on appeal that the judge's failure to impose sanctions on the plaintiff constituted an abuse of discretion in light of the plaintiff's allegedly frivolous lawsuit and purportedly frivolous arguments in opposing the defendant's motion for summary judgment, th[...]
Employment – Political affiliation – Rule 11 Sanctions
Where a plaintiff brought suit against the defendant Secretary of State of the Puerto Rico State Department for firing the plaintiff from his position as Assistant Secretary of State for Protocol Affairs at the Puerto Rico State Department, a judgment for the defendant on the plaintiff's political discrimination claim should be affirmed on the ground that political affiliation is an appropriate qu[...]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
