Trial Judge Slaps Plaintiff – With Sanctions

Judge Young from Blount County, who enjoys a good reputation and whom I have always found to be quite pleasant, has popped a plaintiff with over $1,000,000 in sactions for "scorched earth" litigation tactics.

According to, Judge Young wrote that "[t]he summary judgment record shows that [plaintiff]O’Boyle did not have evidence to support material allegations and factual contentions in his complaint and that O’Boyle asserted and aggressively pursued frivolous claims which were devoid of merit."

The article says that "Young’s ruling details numerous examples of O’Boyle misrepresenting facts, concluding, "’O’Boyle’s failure in this case was so widespread and fundamental as to evidence an improper purpose.’"  Young noted in his ruling that the case generated 18 feet worth of files and 1,866 docket entries, and spawned related litigation in federal and state courts. He also noted that the plaintiffs – which included O’Boyle’s associates in New Midland Plaza Associates – had previously been sanctioned twice and held in contempt twice, paying out more than $127,000 in fines and penalties. "

Read the entire article here.

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