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United States Eleventh Circuit


Amlong & Amlong, P.A. v. Denny's, Inc., 04-14499

Imposition of 6-figure monetary sanctions against attorneys for their conduct in representing a Title VII plaintiff in a sexual harassment lawsuit is reversed as after referring the sanctions issue to a magistrate judge for an evidentiary hearing, the district court discarded numerous findings of fact and credibility determinations substituted its own findings, without conducting any evidentiary hearing, and the district court also abused its discretion in ordering the attorneys to pay 10% back interest on a portion of the sanctions.

Appellate Information

  • Decided 07/31/2006
  • Published 07/31/2006

Judges

  • MARCUS, Circuit Judge:, Before HULL, MARCUS and HILL, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • George Cochran, Fordham University Law School, New York City, for Appellants.

  • For Appellees:
  • Jon K. Stage, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Ft. Lauderdale, FL, Joan M. Canny, Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, P.A., Averill G. Marcus, Averill G. Marcus, P.A., Miami, FL, A. Hinda Klein, Conroy, Simberg, Ganon, Krevans & Abel, P.A., Hollywood, FL, for Appellees.
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