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Obtaining Class Action Sanctions: Monetary Fines, Dismissal of Pleadings, Attorneys' Fees, Contempt, and More

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, October 21, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss what may be an uptick in courts' willingness to grant sanctions in class actions, the types of sanctions available, significant cases granting or denying sanctions in class actions, and the types of conduct that warrant the most severe sanctions, as well as offer strategies for obtaining sanctions.

Description

The threat of sanctions is a powerful tool to enforce compliance with court procedures and to prevent abuse of the judicial system, but sometimes the threat alone is not enough. Defendants are fed up with allegedly frivolous or fraudulent complaints and plaintiffs are exasperated by purported stonewalling by defendants. More recently sanctions have been sought for slander and libel. Both sides are seeking to make unacceptable litigation conduct--conduct that is often unethical or very close--unproductive for the perpetrator.

Judges may impose monetary fines, dismiss complaints or answers, and award attorneys' fees to be paid by the client, by counsel, or by both depending on the nature and severity of the offending conduct. Counsel that is seeing sanctionable or borderline sanctionable conduct should lay the groundwork for seeking sanctions.

The authority to award sanctions in class actions is found in Federal Rules of Civil Procedure 11 and 37, as well as 28 U.S.C.A. § 1927. The level of culpability and the kind of evidence needed to justify sanctions varies with the type of misconduct at issue. Additional due process considerations arise if a party or attorney is facing civil or criminal contempt.

Listen as our panel of expert class action attorneys discusses why and when courts grant sanctions in class actions and reviews significant cases granting or denying sanctions in class actions.

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Outline

  1. Reasons to seek sanctions
  2. Statutory authority
  3. Types of conduct sanctionable
  4. Burden of proof
  5. Types of sanctions available
    1. Fines
    2. Striking pleadings
    3. Contempt
    4. Bar complaints
  6. Review on appeal
  7. Strategies for obtaining sanctions

Benefits

The panel will review these and other important questions:

  • Is there a materiality requirement for factual allegations without evidentiary support?
  • Can Rule 11 be used to recoup reasonable expenses incurred from frivolous litigation?
  • Does negligent diligence meet the standard of objective unreasonableness for purposes of Rule 11?

Faculty

Daly, Kevin
Kevin P. Daly
Counsel
Robinson & Cole

Mr. Daly focuses his practice on complex commercial litigation and trade compliance issues. He is a member of...  |  Read More

Shamberg, Kyle
Kyle Shamberg
Attorney
Lynch Carpenter

Mr. Shamberg focuses exclusively on litigating consumer class actions, representing clients for injuries ranging...  |  Read More

Stone, Sarah
Sarah M. Stone
Partner
Womble Bond Dickinson (US)

Ms. Stone successfully leverages her foundation as a trial attorney with proven and effective technology-driven...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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