United States Eleventh Circuit
Amlong & Amlong, P.A. v. Denny's, Inc., 04-14499
Order imposing sanctions in excess of $400,000, under 28 U.S.C. section 1927, for defendant attorneys' conduct in representing a Title VII plaintiff in a sexual harassment lawsuit is reversed where the district court: 1) discarded numerous findings of fact and credibility determinations made by the magistrate judge and substituted its own findings of fact on bad faith, without conducting any evidentiary hearing; and 2) abused its discretion in ordering the attorneys to pay 10 percent back interest on a portion of the sanctions.
Appellate Information
- Decided 09/17/2007
- Published 09/17/2007
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.