Legal Opinion

Murphy v. Board of Education

District Court, W.D. New York

Decided September 12, 2000No. 00-CV-6038LPublishedCited by 22 opinions

1Opinion of the Court

DECISION AND ORDER

LARIMER, Chief Judge.

The issue before the Court is whether experienced trial counsel for plaintiff should be sanctioned for repeatedly issuing third-party subpoenas without giving notice to opposing counsel as required by Fed.R.Civ.P. 45. In my view, the facts here fully warrant the imposition of compensatory monetary sanctions.

Procedural Background

Plaintiff, Donald Murphy, filed a 32-page complaint against officers and employees of the Rochester City School District (“School District”) and its Board, as well as the union representing the School District’s teachers, the…

2Cases cited13 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Rommy Revson, Plaintiff-Counterclaim-Defendant-Appellant, Judd Burstein v. Cinque & Cinque, P.C., Defendant-Counterclaimant-AppelleeCourt of Appeals for the Second Circuit · 2000
  4. Schlaifer Nance & Company, Inc. v. Estate Of Andy WarholCourt of Appeals for the Second Circuit · 1999
  5. Ted Lapidus, S.A. v. VannCourt of Appeals for the Second Circuit · 1997

8 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Judson Atkinson Candies, Inc. v. Latini-Hohberger DhimantecCourt of Appeals for the Seventh Circuit · 2008
  2. Butler v. Biocore Medical Technologies, Inc.Court of Appeals for the Tenth Circuit · 2003
  3. Mount Hope Church v. Bash Back!Court of Appeals for the Ninth Circuit · 2012
  4. Allender v. Raytheon Aircraft Co.District Court, D. Kansas · 2004
  5. In the Matter of Margaret D. FabriSupreme Court of South Carolina · 2016

17 more not listed; retrieve them via the Exa API.

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