Cooley LLP Litigator’s Sanction Upheld for Violating Court Guidelines

In a decision affirming a previous sanction order, the Third Circuit ruled that a senior litigator at Cooley LLP must undertake six hours of federal practice and procedure courses. The sanction was a consequence of the attorney’s submission of exhibits that fell beyond the distinct timeframe mandated in a court’s scheduling order.

The attorney in question, Jonathan G. Graves, appeared to violate the court’s guidelines during a two-day hearing regarding a motion to compel arbitration in a now-resolved IP dispute. At the end of the hearing, the lower court stopped accepting additional exhibits. This lapse came after an established scheduling order, clearly stating a final date for offering a testimony summary in case either party desired to suggest extra factual evidence.

Despite this protocol, Graves presented pre-lawsuit correspondence between counsel, following a declaration to the lower court that no further input would be coming from his clients’ side.

The ruling of the Third Circuit, thus upholding the previous sanction, duly reinforces the vital importance of observing procedural standards and timing compliance within the legal process. It serves as a lesson to legal professionals, emphasizing that a violation of court rules, even if sensitively handled, can attract noteworthy corrective measures.

More comprehensively reported by Ufonobong Umanah on Bloomberg Industry Group, you may read about it here.