Caminetti V. GTE Sylvania, Inc.: Court Case Study
STATEMENT OF THE CASE The matter currently comes before the court on Petitioner Elizabeth Hamilton and counsel’s appeal from the 2nd Circuit award of sanctions under 28 U.S.C § 1927 (2012) for attorney’s fees to Respondent Randall’s Plumbing Supply. (J.A. 8). The initial action was brought by the Petitioner in the Southern District of New York alleging she was wrongfully terminated and seeking to recover against Respondent. (J.A. at 4.)
Petitioner is represented by the law firm Sullivan & Hart, which submitted all pleadings to the court and whose name was featured within the signature block of each document throughout the suit. (Id.) During discovery Respondent issued several request which were properly served to Petitioner’s counsel, …show more content…
United States, 242 U.S. 470, 485, (1917). “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Prod. Safety Comm'n v. GTE Sylvania, Inc., 447 U.S. 102, 108 (1980). “The legal presumption is that the Legislature used, and intended to use, these words in this statute in their usual sense at the time the law was passed...” Westerlund v. Black Bear Mining Co., 203 F. 599, 607 (8th Cir. 1913). Also “the law uses familiar legal expressions in their familiar legal sense.” Bradley v. United States, 410 U.S. 605, 609 …show more content…
Religious, 98 F. App'x at 983. Secondly, the goal of § 1927 is to compensate victims of abusive litigation for the costs of multiplied proceedings. See Mellott, 492 F. App'x at 889; LaPrade,146 F.3d at 905.
Here, both purposes are furthered by allowing the court to sanction firms. Firms are surely capable of multiplying proceedings and other actions which increase judicial costs. For instance, Sullivan & Hart’s earlier refusal to reply to discovery requests necessitated further judicial proceedings and thus wasted the resources § 1927 was intended to protect. (J.A. at 5).
Next, firms are in the best position to compensate parties whose costs have been increased due to the dilatory actions proscribed in § 1927. While an individual attorney may be unable to fully compensate such parties, a firm will have broader resources and will be abler to help ensure
Petitioner is represented by the law firm Sullivan & Hart, which submitted all pleadings to the court and whose name was featured within the signature block of each document throughout the suit. (Id.) During discovery Respondent issued several request which were properly served to Petitioner’s counsel, …show more content…
United States, 242 U.S. 470, 485, (1917). “Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive.” Consumer Prod. Safety Comm'n v. GTE Sylvania, Inc., 447 U.S. 102, 108 (1980). “The legal presumption is that the Legislature used, and intended to use, these words in this statute in their usual sense at the time the law was passed...” Westerlund v. Black Bear Mining Co., 203 F. 599, 607 (8th Cir. 1913). Also “the law uses familiar legal expressions in their familiar legal sense.” Bradley v. United States, 410 U.S. 605, 609 …show more content…
Religious, 98 F. App'x at 983. Secondly, the goal of § 1927 is to compensate victims of abusive litigation for the costs of multiplied proceedings. See Mellott, 492 F. App'x at 889; LaPrade,146 F.3d at 905.
Here, both purposes are furthered by allowing the court to sanction firms. Firms are surely capable of multiplying proceedings and other actions which increase judicial costs. For instance, Sullivan & Hart’s earlier refusal to reply to discovery requests necessitated further judicial proceedings and thus wasted the resources § 1927 was intended to protect. (J.A. at 5).
Next, firms are in the best position to compensate parties whose costs have been increased due to the dilatory actions proscribed in § 1927. While an individual attorney may be unable to fully compensate such parties, a firm will have broader resources and will be abler to help ensure