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Home / Case Digests / Second Circuit — Sanctions: Mitchell v. Lyons Professional Servs., Inc.

Second Circuit — Sanctions: Mitchell v. Lyons Professional Servs., Inc.

U.S. Court of Appeals for the Second Circuit

Sanctions

Attorney Misconduct — Dismissal of Motion

Mitchell v. Lyons Professional Servs., Inc.
10-5100-cv
Judges Winter, Raggi and Chin

Background: The plaintiffs appealed from an order that denied their motion to execute a monetary judgment entered as a sanction for attorney misconduct. The misconduct centered on plaintiff’s counsel’s repeated adjournment requests and failure to appear. The plaintiff’s execution requests stemmed from default judgments obtained against the defendants.

Ruling: The Second Circuit vacated the order and remanded for further findings. The court held that while there was sufficient cause to sanction counsel, the record required development to support a sanction that fell entirely on the clients rather than the clients’ attorney.

Mitchell L. Perry of the Rawlins Law Firm for the appellants; Brooke L. Anthony of the Law Offices of Raymond A. Giusto for the appellees