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United States Second Circuit


Enmon v. Prospect Capital Corp., 10-2811

In a case in which a law firm was sanctioned for acting in bad faith and engaging in frivolous and vexatious litigation by opposing an arbitration, the district court's sanctions order is affirmed with modifications, where the district court acted within its discretion when it sanctioned the law firm: 1) based on its particularized findings that the firm acted without a colorable basis and in bad faith in procuring a TRO in a Texas court; 2) for its gross mischaracterization of the arbitral proceedings; 3) for filing a Rule 60(b) motion for relief from the order to compel arbitration; 4) for its voluntarily dismissed appeals of the district court's rulings on the Rule 60(b) motion and the petition to confirm the arbitral award.

Appellate Information

  • Decided 04/06/2012
  • Published 04/06/2012

Judges

  • Lohier

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Alexandra A.E. Shapiro, Maura Barry Grinalds

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