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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Department of Housing Preservation & Development v. Deka Realty Corp.

This appellate opinion addresses the proper assessment of contempt sanctions and civil penalties against Deka Realty Corp. for numerous housing code violations. The court clarifies that civil contempt fines must compensate aggrieved tenants for actual damages, not be based on a multiplication of statutory maximums per violation, and remits for a damages hearing. Criminal contempt fines, intended to vindicate court authority, were reduced to $1,000 per contemnor. The court also held that while serious monetary sanctions can trigger a constitutional right to a jury trial, Deka Realty Corp. waived this right by failing to make a timely demand. Civil penalties against Deka were also reduced.

Contempt sanctionsCivil penaltiesHousing code violationsJury trial rightJudiciary LawCivil contempt finesCriminal contempt finesConsent decreeLandlord-tenant disputeDue process
References
56
Case No. 13-71842-ast; 13-72354-ast
Regular Panel Decision
Jun 08, 2015

In re 1990's Caterers Ltd.

Richard Bivona, one of the petitioning creditors in an involuntary Chapter 7 bankruptcy case against 1990’s Caterers Ltd, was ordered on November 19, 2013, to turn over $30,613.00 in auction sale proceeds to the Chapter 7 Trustee, Kenneth P. Silverman. Despite numerous hearings and orders, including a daily sanction of $200 and a judgment for attorney’s fees and accrued sanctions, Bivona continuously failed to comply. In January 2015, Bivona offered contradictory testimony, claiming he did not possess the funds at the time of the initial order, which the Court deemed false. The Court found Bivona in knowing, clear, and convincing civil contempt and, finding no lesser sanction appropriate due to his pattern of non-compliance, ordered that if he does not turn over the funds by June 22, 2015, a warrant will be issued for his arrest, and he will be held in custody by the United States Marshals until he purges his contempt.

Civil ContemptBankruptcyTurnover OrderSanctionsIncarcerationDebtor-CreditorAsset SaleTrustee EnforcementJudicial AuthorityRule Violation
References
30
Case No. MISSING
Regular Panel Decision

In Re World Parts, LLC

The case concerns a motion for civil contempt filed by creditors Innovative Transmission and Engine Company, LLC (ITEC) and D.R. Watson Holdings, LLC (Watson) against officers Richard S. Massaro, Jr. and Gregory T. Samer, and counsel John P. Bartolomei, of the debtor World Parts, LLC. The movants alleged violations of Bankruptcy Rules 9011 (for inaccurate financial statements) and 9020 (for violating a court order to segregate assets). The court denied sanctions under Rule 9011, finding it inapplicable to unsigned monthly reports and due to procedural deficiencies. However, the court found Massaro and Samer in contempt under Rule 9020 for failing to segregate ITEC assets as ordered. Due to a subsequent settlement between the movants and the trustee, actual damages related to asset misappropriation were resolved. Therefore, the court limited sanctions against Massaro and Samer to consequential damages, specifically reasonable legal expenses of $6,000, finding the movants' requested amount excessive due to protracted litigation.

Bankruptcy LawContempt of CourtRule 9011 SanctionsRule 9020 ContemptCash Collateral OrderAsset SegregationDebtor's Officers LiabilityCivil ContemptDamages CalculationSettlement Impact
References
21
Case No. MISSING
Regular Panel Decision

Greene v. Young

This case concerns an appeal by attorneys Liza Greene and Corey Mills against a sanctions order issued by a family court. The sanctions were imposed following a 'Joint Motion to Enforce Agreed Order Lifting Stay and Request for Additional Relief' filed in bankruptcy court, primarily targeting attorney Patsy Young for allegedly hindering Ronald Repine's release from jail for child support contempt. The family court sanctioned Greene and Mills not only under Rule 13, as originally sought by Young, but also based on its inherent power, Chapter 10, Disciplinary Rules, and the Lawyers Creed, citing false statements and causing Young's arrest. The appellate court reversed and rendered, finding that the appellants lacked proper notice for sanctions under Chapter 10, inherent power, Disciplinary Rules, and the Lawyers Creed. Furthermore, the appellate court ruled that the family court lacked jurisdiction to impose Rule 13 sanctions concerning a motion filed in federal bankruptcy court.

SanctionsAttorney EthicsJurisdictionDue ProcessTexas Rule of Civil Procedure 13Bankruptcy LawFamily LawChild Support EnforcementContemptAppellate Review
References
29
Case No. MISSING
Regular Panel Decision
Jan 09, 2002

BKS Properties, Inc. v. Shumate

Gaston A. Shumate was found in civil contempt for repeatedly violating permanent injunctions issued in 1997, which were affirmed by higher courts. These injunctions prohibited him from litigating against specific parties and concerning certain property. Shumate knowingly filed new lawsuits in state and federal courts, directly contravening these orders. As a sanction, the court ordered him to pay over $128,000 in damages and costs to the aggrieved parties. Furthermore, Shumate faces incarceration until he purges the contempt by paying these sanctions, with the incarceration suspended if he ceases all further litigation against the protected individuals and entities. The court also restricted Shumate's ability to file new pleadings in any court.

Civil contemptInjunction violationSanctionsMonetary penaltiesIncarcerationPro se litigantFrivolous litigationJudicial system integrityBankruptcy proceedingsFederal court
References
18
Case No. MISSING
Regular Panel Decision
Aug 30, 2006

State ex. rel. Flowers v. Tennessee Trucking Ass'n Self Insurance Group Trust

This appeal involves three members of a workers’ compensation self-insured group trust, Ocoee River Transport, Western Express, Inc., and DCI Transportation, LLC, challenging two trial court orders. The appellants were held in contempt and sanctioned for failing to make periodic payments of assessments as ordered by the court. Additionally, one appellant contested the assessment of the Liquidator’s administrative fees, arguing they were denied the opportunity for discovery regarding the reasonableness and necessity of these fees. The appellate court affirmed the trial court's finding of contempt and the imposition of sanctions. However, the court reversed the decision regarding administrative fees, remanding the issue for further proceedings to allow for appropriate discovery and a determination of the applicability of privilege or work product doctrine to the Liquidator's records.

contemptworkers' compensationself-insured group trustliquidationadministrative feesdiscoverydue processwillfulnesssanctionsappellate review
References
66
Case No. MISSING
Regular Panel Decision

In re Hester

The U.S. Bankruptcy Court for the Wichita Falls Division denied the Plan Administrator's motions for sanctions and to show cause against Great Southern Oil and Gas Co., Inc. and its officers. The Administrator alleged Great Southern was in civil contempt of a prior sale order by failing to disburse life insurance policy proceeds to estate creditors. The court found it had subject matter jurisdiction to interpret its own sale order but ultimately concluded that the sale order did not explicitly require Great Southern to perform or refrain from specific conduct. Therefore, the Administrator failed to establish a prerequisite for civil contempt sanctions by clear and convincing evidence. The court noted that the Administrator could pursue a breach of contract action instead.

BankruptcySanctionsCivil ContemptSale OrderSubject Matter JurisdictionJudicial InterpretationFifth CircuitSupreme CourtDebtors' EstatePlan Administrator
References
16
Case No. MISSING
Regular Panel Decision

Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)

Appellant law firm Stockschlaeder & McDonald appealed an order from the United States Bankruptcy Court for the Southern District of New York, which found them guilty of civil contempt and imposed sanctions for failing to turn over debtor's documents and violating an automatic stay. The District Court affirmed the bankruptcy court's finding of civil contempt, citing clear and convincing evidence of the firm's noncompliance and lack of diligence regarding the turnover orders. However, the court vacated the civil contempt sanctions, reasoning that coercive sanctions cannot be applied after compliance, and the fixed fine effectively functioned as a criminal contempt sanction requiring due process protections not met. The District Court also upheld the bankruptcy court's determination that Stockschlaeder & McDonald violated the automatic stay by improperly releasing and recording mortgage assignments post-petition. Consequently, the order was affirmed in part and vacated in part.

Civil ContemptBankruptcy AppealAutomatic Stay ViolationSanctionsTurnover OrderLaw Firm LiabilityDebtor's EstateCoercive SanctionsCriminal ContemptDue Process
References
27
Case No. MISSING
Regular Panel Decision

In re Sanctioning of Richard N.

This opinion addresses the appropriate sanction for juror Richard N. who intentionally abandoned a summary jury trial and misled the court about his whereabouts, falsely claiming a 'neurological emergency'. Presided over by Justice Martin E. Ritholtz in Queens County, the court initiated a special proceeding to penalize Richard N. for his misconduct. While civil or criminal contempt charges were considered, the court ultimately utilized its inherent powers to impose a less severe sanction. Richard N. confessed and apologized for his deceptive behavior. The court ordered him to pay a $250 fine and determined that his jury service would not be credited, leaving him eligible for future jury duty.

Juror MisconductContempt of CourtSpecial ProceedingJudicial SanctionInherent Powers of CourtJury Duty AbandonmentDeceptive ConductDue ProcessRight to CounselCivil Contempt
References
38
Case No. 946
Regular Panel Decision
Jul 28, 2009

TiVo Inc. v. Dish Network Corp.

TiVo Inc. moved for sanctions against EchoStar, whom the Court previously found in contempt for violating an injunction related to TiVo's '389 Patent due to infringing 'design-around' products. TiVo sought substantial monetary sanctions and attorney's fees, while EchoStar defended its good faith efforts. Considering civil contempt factors, the Court partially granted the motion, awarding TiVo $2.25 per DVR subscriber per month for the contempt period (April 18, 2008, to July 1, 2009), totaling approximately $200 million. This award includes compensation and an additional sanction to encourage compliance, alongside attorney's fees and costs for the contempt proceedings.

Patent InfringementContempt SanctionsInjunction ViolationDVR TechnologyRoyalty RateAttorney's FeesEastern District of TexasCivil ContemptDesign-AroundMonetary Award
References
16
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