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10-1453 Lewis v. School District #70
Civil Procedure Sanctions; dismissal Where a case is settled, but the plaintiff backs out, the district court may dismiss the lawsuit as a sanction. “We do not render this decision lightly. The settlement agreement that was vacated provided for what on all accounts appeared to be a significant recovery for Lewis; the defendants had even […]
2010AP2308 Schapiro v. Pokos
Civil Procedure Sanctions Where the Court of Appeals orders that sanctions be imposed, the prevailing party need not bring a motion in the circuit court to enforce it. “Morters does not modify the procedure under Wis. Stat. § 806.16, which, as Schapiro acknowledges, on its face allowed the trial court to enter judgment regarding our […]
2010AP2328 Milwaukee Pain Treatment Services S.C. v. Johnson
Civil Procedure Failure to comply with scheduling order; sanctions Allen Johnson, pro se, appeals a circuit court order granting judgment in favor of Milwaukee Pain Treatment Services, S.C. (Milwaukee Pain). The circuit court found that Johnson’s failure to comply with a scheduling order and his failure to appear at a pre-trial conference constituted egregious conduct […]
10-2013, 10-2042 & 10-3026 Lee v. Cook County
Civil Procedure Sanctions Where the plaintiffs’ attorney failed to file a timely appeal or file new suits in the district court after the case was dismissed without prejudice, failed to comply with court rules, and failed to be admitted to bar, a $5,000 sanction is imposed. “The events recounted in this opinion show that Greco […]
2010AP1765 Richardson v. Henderson
Civil Procedure Sanctions; safe harbor provision Trevor Richardson appeals from a circuit court order granting Richard Henderson’s motion for sanctions and ordering Richardson to pay $2500 toward Henderson’s attorney fees. Richardson challenges the circuit court’s order on grounds that Henderson and the circuit court did not follow proper procedure under Wis. Stat. § 802.05 and […]
10-2713 Abner v. Scott Memorial Hospital
Civil Procedure Appeal; length of brief; sanctions Flagrant violations of FRAP 32 may warrant dismissal of the appeal. “The flagrancy of the violation in this case might well justify the dismissal of the appeal: let this be a warning. But in addition it is plain from the briefs that the appeal has no merit. To […]
2010AP1252 American Family Mutual Ins. Co., et al. v. Goodman Manufacturing Company, et al.
Civil Procedure Spoliation; sanctions At issue in this appeal is whether the trial court erroneously dismissed Goodman Manufacturing Company (Goodman) from a subrogated claim brought by American Family Mutual Insurance Company (American Family) as a sanction against Donovan & Jorgenson, Inc. (Donovan) for the spoliation of evidence. Because we conclude that the trial court did […]
10-32042 In re Snyder
Bankruptcy Sanctions Where an attorney filed a bankruptcy petition, knowing the client was not eligible for discharge, for the sole purpose of delaying a garnishment creditor, a $500 sanction is appropriate. “She freely admitted she had filed the case solely to thwart the creditor’s legal action, and she knew the debtor did not qualify for […]
Sanctions up for e-discovery
Boston - Sanction motions and awards for e-discovery violations across the country have climbed dramatically in recent years and have now hit "historic highs," according to a study published in the Duke Law Journal.
08-4317, 09-4009 & 10-1456 In re Busson-Sokolik
Bankruptcy Sanctions Where most of an attorney’s errors in a bankruptcy proceeding were procedural errors rather than the result of bad faith, a sanction of more than $60,000 is excessive. “Notwithstanding the reasonableness of the decision to award sanctions and the reasonableness of MSOE’s fees , we do not find that the full amount awarded […]
2010AP2208 McGinnis v. Jimenez
Juveniles Sanctions; contempt Mario Jimenez appeals an order sanctioning him for failing to comply with conditions imposed after he was found to have violated a municipal truancy ordinance. See Wis. Stat. § 938.55(6m)(ag). Jimenez argues the circuit court did not have authority to sanction him under § 938.355(6m)(ag) because that statute does not apply to […]
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