Plaintiff Fails To Recognize Complaint Is Time-Barred – Section 1927 Sanctions Awarded


Source: Carter v. HICKORY HEALTHCARE INC., Dist. Court, ND Ohio 2017 – Google Scholar

The plaintiff filed a case under the Americans With Disabilities Act, 42 USC Section 12101. The case was time-barred because the complaint was filed more than 90 days after the right to sue letter was received. The court awarded Section 1927 sanctions because Plaintiff’s counsel persisted long after it was clear that the case was time-barred.

This is a second decision of the court that explains the rationale for the sanctions.

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