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Lawyer’s Sanction for ‘Astounding Misbehavior’ Upheld on Appeal

June 11, 2021, 3:39 PM

The “chronic misbehavior” of a lawyer representing a farmer in a Clean Water Act dispute with the government was a sufficient reason for a federal district court in Pennsylvania to strike his brief opposing summary judgment, the Third Circuit affirmed Friday.

The misconduct of Robert Brace Farms’ former lawyer in the litigation included pleading defenses without any detail, failing to cooperate on discovery, extending and missing deadlines, and relying on evidence the district court had clearly excluded, the U.S. Court of Appeals for the Third Circuit said.

The district court’s August 2019 sanction was the result of careful consideration of ...

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