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Open Government Advocacy Project:
Edison v. Firefighters Union
 

Issue Detail:

 
\"Rainone said he didnít file a required separate motion regarding Rule 11 because he wanted to save the township money.\" Yet, if you read page 8 of Judge Martini\'s January 31, 2013 opinion (see link below), it\'s pretty clear that the judge would have sanctioned the firefighters union by making it pay Edison\'s legal fees, had Rainone\'s office filed a proper motion. But, as Judge Martini noted, Edison\'s request for sanctions, filed by Rainone\'s office, \"did not comply with any of the procedural requirements set forth in Rule 11(c)(2). For example, Defendants did not file a motion for sanctions separately from their motion to dismiss, and did not provide Plaintiffs with 21 days to withdraw the challenged claims.\" To me, it doesn\'t look like Rainone didn\'t file a sanction motion because he wanted to save Edison taxpayers money. Rather, it looks like Rainone\'s office did file a flawed application for attorneys fees that was denied because of Rainone\'s office\'s negligence in preparing it. In my opinion, Edison, could, if it had the political will, successfully sue Rainone\'s law firm for legal malpractice for negligently dropping the ball on the Rule 11 attorney fee application.

 

Documents:

 


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New Jersey Libertarian Party Open Government Advocacy Project: Edison v. Firefighters Union. February 18, 2013.
URL: http://ogtf.lpcnj.org/2013/2013049ok/
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