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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCautionary Tales from the 'Kraken' Litigation Sanctions Ruling
Rudy has been temporarily disbarred and such disbarment will become permanent. Powell and others will find out what happens when you lie to a court. This will be fun to watch
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In August, U.S. District Court for the Eastern District of Michigan Judge Linda V. Parker granted motions to sanction nine lawyers appearing in one of the lawsuits filed by President Trump supporters seeking to decertify the results of the 2020 presidential election.
The court concluded that the lawyers conduct violated both 28 U.S.C. §1927 (Counsels liability for excessive costs) and Federal Rule of Civil Procedure 11 and imposed monetary sanctions on the lawyers in the form of reimbursement of the defendants counsel fees. The court also referred the lawyers to the disciplinary authorities in each lawyers respective jurisdiction.
It is nearly impossible to read the courts decision without taking into account the overheated emotions swirling around the unprecedented efforts to undo the results of the 2020 presidential election.
After all, as Parker noted in her decision denying the Kraken teams preliminary injunction request, the relief sought was stunning in its scope and breathtaking in its reach because, if granted, it would disenfranchise the votes of more than 5.5 million Michigan citizens who participate[d] in the 2020 General Election.
But the decision provides all lawyers with some stark and useful reminders of the important limitations Rule 11 imposes on zealous advocacy even in settings other than a high profile controversy over the outcome of a national election.
The court concluded that the lawyers conduct violated both 28 U.S.C. §1927 (Counsels liability for excessive costs) and Federal Rule of Civil Procedure 11 and imposed monetary sanctions on the lawyers in the form of reimbursement of the defendants counsel fees. The court also referred the lawyers to the disciplinary authorities in each lawyers respective jurisdiction.
It is nearly impossible to read the courts decision without taking into account the overheated emotions swirling around the unprecedented efforts to undo the results of the 2020 presidential election.
After all, as Parker noted in her decision denying the Kraken teams preliminary injunction request, the relief sought was stunning in its scope and breathtaking in its reach because, if granted, it would disenfranchise the votes of more than 5.5 million Michigan citizens who participate[d] in the 2020 General Election.
But the decision provides all lawyers with some stark and useful reminders of the important limitations Rule 11 imposes on zealous advocacy even in settings other than a high profile controversy over the outcome of a national election.
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Cautionary Tales from the 'Kraken' Litigation Sanctions Ruling (Original Post)
LetMyPeopleVote
Oct 2021
OP
Ocelot II
(115,280 posts)1. I've been hollering about Rule 11 ever since these idiotic lawsuits
first started showing up, and my only question is why judges werent dropping the hammer on these morons a lot sooner.
lagomorph777
(30,613 posts)2. Crackin' Kraken
into a million pieces.
3Hotdogs
(12,210 posts)3. Yeah? Well Judge Parker's ass will be in a lot of trouble when
the Kraken does finally get released.
RainCaster
(10,691 posts)4. The "empty head, pure heart" defense
That describes the entire GOP.