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Wednesday, March 28, 2012

Ind. Decisions - "Pratt’s order should be required reading for law students as it states precisely how not to bring a lawsuit."

That is a quote from this long story today at Forbes.com, reported by Daniel Fisher, headed "Judge Slaps Motley Rice With Fees Over 'Frivolous' Lawsuit." Some quotes:

A federal judge in Indiana ordered lawyers including the prominent firm of Motley Rice to pay ITT Educational Services almost $400,000 in legal fees for pursuing a “frivolous” lawsuit the judge said was “based on a completely false story.”

The unusually harsh ruling — for a U.S. court, anyway — was designed to punish the lawyers for imposing millions of dollars in costs on ITT to defend a whistle-blower case where the plaintiff was a low-level employee who didn’t even think of filing suit until a lawyer contacted her. * * *

Pratt’s order should be required reading for law students as it states precisely how not to bring a lawsuit.

Here is the 32-page, 3/26/12 order by Judge Tanya Walton Pratt, that concludes:
For the reasons set forth above, ITT’s Motion for Attorney’s Fees and Sanctions is GRANTED with respect to attorney’s fees in the amount of $394,998.33, but DENIED with respect to sanctions against Leveski. The attorney’s fee award is issued jointly and severally against Timothy J. Matusheski individually, The Law Offices of Timothy J. Matusheski, the law firm of Plews Shadley Racher & Braun, and the law firm of Motley Rice LLP. Leveski’s related Motion to Strike or Disregard Declaration of ITT’s counsel is DENIED. The Court will issue a ruling on ITT’s Bill of Costs submission in due course.

Posted by Marcia Oddi on March 28, 2012 04:05 PM
Posted to Ind Fed D.Ct. Decisions