Lost Cause

CONTINUING WITH CLAIM IN VAIN DRAWS SANCTION, NO SYMPATHY, ON APPEAL

The N.J. Law Journal reports:

A lawyer who persisted with a case even when it became clear it had little or no chance of success deserves no quarter, a state appeals court ruled Tuesday in imposing sanctions. The decision, in Xpekt Corp. v. Fame of New York, A-0857-10, showed little sympathy for Fort Lee solo Robert Yu, whose protestations had convinced a trial judge that he had clung to his cause in good faith. “Counsel knew the claim had no, and was not likely to have, legal or evidential support whatsoever, yet he continued to prosecute it,” the Appellate Division said, remanding for an award of counsel fees to the defendants. The court said that continued prosecution of a claim or defense, based on facts known to the party after filing the initial pleading, may be sanctionable as baseless or frivolous even if the initial assertion of the claim is not.

[Image courtesy of Gil Troitsa גיל טרויצה: Lost Cause ( Don Ki Shit )]

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About Lawrence "Larry" Berezin

I retired from the private practice of law after a 35-year legal career and fight parking tickets for people like you and me. I love sharing valuable information, tips and tricks to help drivers beat NYC parking tickets.

9 Responses to “CONTINUING WITH CLAIM IN VAIN DRAWS SANCTION, NO SYMPATHY, ON APPEAL”

  1. This Robert Yu used to work at my old firm, and was fired. He did not know what he was doing, and it looks like nothing has changed!

    • Lawrence "Larry" Berezin Reply April 27, 2011 at 10:56 am

      Joe,
      Thanks for taking your valuable time to visit our blog, and give us a “heads up” on Mr. Yu.
      Amazing!

  2. This ROBERT YU of FORT LEE, NJ briefly worked at my firm. He was also fired after a few months. He was know for being dishonest and untrustworthy.

  3. Joe the link you provided to the App Div decision does not work. Try this one: http://law.justia.com/cases/new-jersey/appellate-division-unpublished/2011/a0857-10-opn-0.html

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