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Tag Archives: sanctions

Civil Practice – Discovery – Sanctions – Attorneys (access required)

Pitts v. McClanahan Even though, after the court issued an order compelling discovery, plaintiff still failed to provide complete responses to defendants’ discovery requests, plaintiff’s counsel states that he filed this action because of the impending statute of limitations, that he lacks experience litigating in federal court and that much of the information requested by defendants was unavailable at the time.

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Bankruptcy – Automatic Stay – Violation – Sanctions – Post-Discharge Collection – Student Loans – Excepted from Discharge (access required)

In re Green Even though the creditor-university has now changed its procedures so that it will not attempt to collect a student’s debts when the university is subject to an automatic bankruptcy stay, the university should not have waited until 2010 to do so. The debtor’s motion for sanctions for violation of the automatic stay is granted in the amount of $2,000. However, the university is not in contempt of court for its post-discharge attempts to collect certain student loan and overpayment amounts.

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Domestic Relations – Equitable Distribution – Civil Practice – Discovery – Sanctions — Contempt (access required)

Ross v. Ross The plaintiff-husband was ordered to respond to the defendant-wife’s discovery requests, but he responded that information about the Emerald Isle property at issue was “proprietary” and would be revealed in court at the equitable distribution hearing “when necessary.” He also claimed he could not produce financing information about the property because his former attorneys had not returned such information to him.

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Workers’ Compensation – Light Work – Medical Excuse – Lay-Off – Sanctions – Unsupported Finding (access required)

Cain v. Ingersoll Rand Co. Even though plaintiff returned to light duty after his injury and was subsequently laid off as part of a reduction-in-force, plaintiff engaged in no misconduct, and his doctor wrote him out of work pending surgery; therefore, plaintiff did not constructively refuse suitable employment. We affirm the Industrial Commission’s award of benefits. However, we vacate the award of sanctions and remand for further proceedings.

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