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Indiana federal judge sanctions attorneys

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A federal judge in Hammond has sanctioned two Detroit attorneys who filed what he calls a frivolous claim demonstrating a pattern of misconduct, fining each lawyer and their client in a sharply worded ruling.

In a 21-page order issued July 31 in Cheryl Janky v. Batistatos, et al., No. 2:07-cv-339, U.S. District Judge Philip P. Simon in the Northern District of Indiana unleashed a written assault against attorneys Gregory Reed and Stephanie L. Hammonds, attorneys on the case that began almost five years ago as a copyright-infringement suit. They represent Cheryl Janky, an Indiana woman who'd sued the Lake County Convention and Visitors Bureau about a doo-wop song she wrote and copyrighted called "Wonders of Indiana," which the bureau used without permission in promotional videos and albums sold at its welcome center. That case culminated with a $100,000 verdict in Janky's favor in 2007; but it wasn't the end of the litigation, and the case resulted in further disputes about procedural issues.

As the District judge on the case, Judge Simon has written about this issue before. In April 2008, he described this as "one of those cases that gives lawyers a bad name," and said what began as a routine copyright-infringement dispute "deteriorated into a nuclear arms race of costly litigation tactics and the worst kind of mean spirited attorney game-playing."

This action came in September 2007 based on claims the defendants made when defending the earlier suit, with Hammonds and Reed contending that the defenses used previously were frivolous and groundless - despite Magistrate Judge Andrew Rodovich's previous rulings to the contrary.

In the latest sanction ruling, Judge Simon takes note of everything from their "flimsy" and "spurious" arguments that had already been dismissed and found to have been supported by law; grammatical and spelling errors in their filings; and a lengthy history of past sanctions in at least four other cases in the Detroit-based Eastern District of Michigan. He notes they'd been warned before in this case and also been sanctioned on the litigation, as well.

"Respondents say that this history of sanctions 'does not establish a pattern of litigation misconduct ...' But a pattern of misconduct is precisely what I see," Judge Simon wrote. "Attorney sanctions are a rare enough event that the presence of even one would be a source of concern. But Reed and Hammonds have been sanctioned on multiple occasions over the past five years, to the point where it almost looks as though they are now flaunting their inappropriate conduct."

He points out that the attorneys' conduct demonstrates a pattern and proof that they're using redundant claims as a leverage and harassment tactic, as opposed to just overzealous advocacy or a failure to understand pertinent legal concepts.

"Enough is enough. It is apparent that neither side can take the hint, and I am half convinced that both parties are treating matters as a joke," the judge wrote. "But the best medicine will be to just end things. Respondents will be sanctioned for their bringing of the current lawsuit, pursuant to the Court's Rule 11 powers. It was the filing of the second federal suit that opened Pandora's Box and is the action most in need of court response in order to prevent further conduct."

Judge Simon fined Reed $10,000, Hammonds $5,000, and client Janky $1,000. The judge also prohibited the attorneys from filing any civil complaints on behalf of Janky in the Northern District without posting a $5,000 bond to cover the "high probability" of additional sanctions.

That verdict appeal reached the 7th Circuit Court of Appeals, which today issued a separate ruling in Cheryl Janky v. Lake County Convention and Visitors Bureau, Nos. 07-2350, 07-2762, and 08-1606, that remands the case to the District Court for summary judgment in favor of the bureau. But this appellate decision isn't directly a part of Judge Simon's sanctions, and it's not immediately clear what impact it might have. The appellate ruling does point to various issues about the counsels' work, particularly unfocused briefs, and a previous $2,500 fine Reed received on the case that he sought to pay off using the verdict money.

Reached by phone this morning, Hammonds told Indiana Lawyer that she needed to more fully review Judge Simon's ruling before making any comments. Reed didn't immediately respond to a message left at his law office.

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  1. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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