Attorneys Robert Sanzo of Litchfield Cavo and Jacqueline Promislo of Cozen O’Connor recently faced scathing criticism from Eastern District of Pennsylvania Judge Chad F. Kenney for their conduct in a case. The two lawyers were reprimanded for behavior that was deemed to display “bad faith” and a “profound defection from the standard litigation process.”
The case involved a personal injury claim regarding a ladder manufactured by Bilco Industries and located at a Walgreens store. Allegedly, the expert Walgreens witness, Jody DeMarco, lied in court over the lawyers’ knowledge of his planned return to the accident site for additional testing. This misconduct led to Judge Kenney describing the attorneys actions as a “disrespect for the sitting judge”.
While the court struck the testimony, instructing the jury it should not be considered as evidence, “the court was still under the impression that DeMarco proceeded to the site at his own discretion,” which turned out to be false, noted Judge Kenney.
Despite this misconduct, a motion for a new trial put forth by the plaintiff was denied. The Third Circuit supported this decision, leading the plaintiffs to seek sanctions, which were ultimately deemed untimely. Instead of humbly accepting their tainted victory, Sanzo and Promislo decided to push further, submitting their own motion for sanctions and a bill of costs.
Considering this audacious move in the context of their “demonstrated record of unclean hands”, The court categorically denied the request, calling out Sanzo and Promislo for their “flagrant disregard for the Federal Rules of Civil Procedure”.
While their side ultimately prevailed, “the victory does not expiate their abdication of duty as officers of the court”, Judge Kenney opined.
This high profile chastisement is a firm reminder to the legal community about the importance of preserving integrity and respect both in and out of the courtroom.