December 17, 2020 at 1:51 PM
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Have you ever wondered why courts do not order sanctions more often? Putting aside the litigation flurry since the election, there seem to be more cases where sanctions might be a good way to tell the attorneys that their case is not worthy of expending judicial time and resources, especially in these days of COVID-19. Reading advance sheets, various articles, and remembering my days in court, I am puzzled as to why the hammer doesn’t come down more often on ridiculous, frivolous litigation, as if the courts don’t have anything else to do.
Let me give you one example. A case was tried to a jury on a matter of pen-snatching. Yes, you read that right, pen-snatching. A plaintiff attorney (who else?) sued New York City and two police officers. The basis: when the attorney tried to serve a lawsuit on the department, the office for service of process was closed. One police officer grabbed the attorney’s pen as he tried to write down the officer
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