James Stokes v. Markel American Insurance Co.

Summary

The United States District Court for the District of Delaware sanctions certain Florida-based counsel for conduct under 28 U.S.C. § 1927, including improper motions in limine, pursuit of barred or dismissed claims, and an inadequately supported bill of costs. The court finds that this conduct unreasonably and vexatiously multiplied the proceedings, increased costs, and reflected bad faith. It declines to impose additional sanctions for counsel’s fee-request conduct and does not sanction local Delaware counsel or the client.

Holdings

1. Counsel's conduct multiplied the proceedings unreasonably and vexatiously, increased the costs of the proceedings, and demonstrated bad faith; therefore, the court sanctioned Plaintiff's Florida counsel under § 1927 for that conduct.
2. The fee request was vexatious, unreasonable, and undertaken in bad faith, but did not multiply the proceedings or increase costs sufficiently to support sanctions under § 1927; the court imposed no additional sanction for that conduct.
3. Counsel's disorganized and legally unsupported bill of costs, followed by an unfounded insistence on improper costs, multiplied the proceedings unreasonably and vexatiously, increased costs, and demonstrated bad faith; Plaintiff's Florida counsel was sanctioned under § 1927.

Questions Presented

1. Whether Plaintiff's counsel's pretrial conduct multiplied the proceedings unreasonably and vexatiously, increased the costs of the proceedings, and was undertaken in bad faith so as to warrant sanctions under 28 U.S.C. § 1927.
2. Whether counsel's request for attorney's fees under Florida law warranted sanctions under § 1927 or Rule 11.
3. Whether counsel's bill-of-costs submission and subsequent objection warranted sanctions under § 1927.

Disposition

other