Court Blasts Counsel’s Work, but declines to award sanctions.


This case was a challenge, apparently a very weak challenge, to an arbitration award. The court rejected all of the challenges to the award and confirmed the award. However, it declined to award sanctions to the Defendant, even though the court concluded that the Plaintiff’s legal contentions were not well-founded. It wrote:

After reviewing the record as a whole, the Court concludes that while some of Petitioners’ contentions are potentially misleading, if viewed in context, they suggest positions that are not wholly frivolous or deceptive. The Court recognizes, however, that this is an exceedingly low bar by which to gauge attorney work product. Accordingly, although the Court in an exercise of its discretion DENIES Respondent’s motion for sanctions in this instance, the Court pauses to stress that, to the extent there are further proceedings in this matter, similar conduct shall not be tolerated.

Edward X. Clinton, Jr.

Source: Ray v. CHAFETZ, Dist. Court, Dist. of Columbia 2017 – Google Scholar

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