Description
The threat of sanctions is a powerful tool to enforce compliance with court procedures and to prevent abuse of the judicial system, but sometimes the threat alone is not enough. Defendants are fed up with allegedly frivolous or fraudulent complaints and plaintiffs are exasperated by purported stonewalling by defendants. More recently sanctions have been sought for slander and libel. Both sides are seeking to make unacceptable litigation conduct--conduct that is often unethical or very close--unproductive for the perpetrator.
Judges may impose monetary fines, dismiss complaints or answers, and award attorneys' fees to be paid by the client, by counsel, or by both depending on the nature and severity of the offending conduct. Counsel that is seeing sanctionable or borderline sanctionable conduct should lay the groundwork for seeking sanctions.
The authority to award sanctions in class actions is found in Federal Rules of Civil Procedure 11 and 37, as well as 28 U.S.C.A. § 1927. The level of culpability and the kind of evidence needed to justify sanctions varies with the type of misconduct at issue. Additional due process considerations arise if a party or attorney is facing civil or criminal contempt.
Listen as our panel of expert class action attorneys discusses why and when courts grant sanctions in class actions and reviews significant cases granting or denying sanctions in class actions.
Presented By
Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of Robinson+Cole's Business Litigation Group and Manufacturing Industry Team.
Mr. Shamberg focuses exclusively on litigating consumer class actions, representing clients for injuries ranging from identity theft and financial fraud as a result of a data breach to massive property damage caused by failing plastic plumbing systems. He joined Lynch Carpenter in 2019, where he continues to advocate for consumer and privacy rights. Mr. Shamberg has argued appeals in front of the Seventh and Second Circuits and the New York Appellate Division, and is the former Chair of the Chicago Bar Association’s Class Action Committee.
Ms. Stone successfully leverages her foundation as a trial attorney with proven and effective technology-driven solutions and practical problem-solving skills to navigate her clients through complex (often parallel) federal and state litigation, government investigations, and regulatory challenges. She advises corporations, individuals, and public entities in resolving complex business disputes, defending class actions, and responding to federal regulatory and state attorney general investigations. Ms. Stone provides practical, data-driven advice to clients in order to manage risks and resolve disputes. When clients are under attack on multiple fronts, she is experienced at coordinating complex, multi-jurisdictional legal defense efforts. She has a keen ability to drive strategy and manage the execution of complex fact and expert case building, successfully leading internal teams and collaborating with the client’s other trusted advisors.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Monday, October 21, 2024
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Reasons to seek sanctions
- Statutory authority
- Types of conduct sanctionable
- Burden of proof
- Types of sanctions available
- Fines
- Striking pleadings
- Contempt
- Bar complaints
- Review on appeal
- Strategies for obtaining sanctions
The panel will review these and other important questions:
- Is there a materiality requirement for factual allegations without evidentiary support?
- Can Rule 11 be used to recoup reasonable expenses incurred from frivolous litigation?
- Does negligent diligence meet the standard of objective unreasonableness for purposes of Rule 11?
Related Courses
Prior Inconsistent Statements in Social Media and Inactive Websites: Planning for Amendments to FRE 801(d)
Tuesday, October 28, 2025
1:00 p.m. ET./10:00 a.m. PT