United States First Circuit

Sanctions order against law firm for unreasonably and vexatiously multiplying the proceedings in a class action case are vacated in part and remanded where: 1) sanctions under section 1927 were not available for any alleged failure on appellant-law firm's part to vet plaintiff or investigate the bona fides of his claim; 2) the district court abused its discretion in reaching the sanctions determination with respect to the phase of litigation the case was in; 3) appellant-law firm's response to defendant's motion could not be termed a "concession" by the law firm to name recruited individual as a plaintiff; and 4) court's determination of sanctionable conduct in connection with the abortive filing of the motion to substitute the named plaintiff and putative class representative must be set aside because its precursor findings were set aside.

Appellate Information

• Decided 10/29/2008
• Published 10/29/2008

Judges

Court

• United States First Circuit

Counsel