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Typically, you simply must take the W. Discretion is the higher a part of valor and all that, so when circumstances contrive at hand you a procedural victory, settle for the win graciously and don’t attempt to rub it in — least of all not when there’s a federal decide ready to slap you again down.
Japanese District of Pennsylvania Choose Chad F. Kenney lashed out at attorneys Robert Sanzo of Litchfield Cavo representing Walgreens and Jacqueline Promislo of Cozen O’Connor repping Bilco Industries over conduct that “evinces unhealthy religion and a profound defection from the usual litigation course of.”
So what occurred? Effectively, it was a private damage case involving a Bilco manufactured ladder at a Walgreens location. And the Walgreens skilled, Jody DeMarco, allegedly lied on the stand about whether or not the attorneys knew DeMarco was returning to the positioning of the accident to conduct their very own assessments. As reported by Legislation.com:
Whereas the court docket struck the testimony, instructing the jury it shouldn’t be thought-about as proof, “the court docket was nonetheless beneath the impression that DeMarco proceeded to the positioning at his personal discretion,” which was not true, the opinion mentioned.
“Nonetheless, even at that second whereas DeMarco was nonetheless on the stand, attorneys Sanzo and Promislo had successfully blindsided the court docket, and in doing so diminished the method and demonstrated their disrespect for the sitting decide,” Kenney mentioned. “It was solely after the decision, and the court docket evaluate of emails by and between Sanzo and DeMarco, and Sanzo and Promislo, that the court docket grew to become conscious of the complete depth of disrespect.”
The plaintiff moved for a brand new trial, however Choose Kenney denied the movement, saying, the testimony concerning the positioning go to “was altogether redundant.” The Third Circuit upheld the district court docket’s choice and solely then did plaintiff search sanctions, which have been denied as premature.
Reasonably than take that victory, Sanzo and Promislo tried to play their Uno reverse card and filed their very own movement for sanctions and a invoice of prices. Given their “demonstrated report of unclean palms,” Choose Kenney was having precisely none of that.
Whereas the defendants have been the prevailing celebration, the court docket denied the invoice of prices over the attorneys’ conduct within the earlier swimsuit, discovering Sanzo and Promislo “have been in flagrant disregard for the Federal Guidelines of Civil Process.”
The attorneys’ representations to the court docket have been evasive and deceptive, noting that “at a important level within the trial defendants failed to supply the bare-minimum respect and candor owed to plaintiff McManus, his attorneys, and this court docket,” the court docket mentioned.
“Defendants’ victory within the case and failure to obtain sanctions (on procedural grounds) doesn’t expiate their abdication of obligation as officers of the court docket,” Kenney mentioned. “Counsel should ask themselves whether or not it was price it. Sadly, there are those that would reply {that a} win is a win irrespective of the way you get it.”
Not each movement is price it. When you might imagine, “what’s the worst they will do? Deny it?” The cruel remedy the attorneys received on this case present — if you happen to worth your pleasure — there’s lots a decide can do.
Kathryn Rubino is a Senior Editor at Above the Legislation, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the very best, so please join along with her. Be at liberty to e-mail her with any ideas, questions, or feedback and observe her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.
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