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The Court will only allow fees from the attorneys and the associates in their firm who have entered an appearance in the case.
Greathead has not participated as counsel of record in this case, and Mr. Wilson could not have anticipated that he would be responsible for paying Mr.
Greathead's fees as a sanction. In the Court's view, Mr. Greathead's role as corporate counsel to Symbion makes him more akin to the client, rather than the attorney litigating this case.
Therefore, I will not include Mr. Greathead's fees as part of the sanction against Mr. Defendants argue that "[p]laintiff has cited no authority that bars Defendants from seeking an award of reasonable fees incurred for Mr.
Greathead's services. Conversely, defendants have not submitted any legal authority that they are entitled to fees for Mr.
Greathead's services although he has not entered an appearance in this case. The Court has not found any such authority. Hamilton, however, is counsel of record.
He spent Accordingly, Mr. I find that the number of hours and the rate billed per hour by Mr. Hamilton and his associate are reasonable.
I also find the expenses incurred are reasonable. This amount includes attorney's fees, costs, and tax. Hamilton's affidavit for preparing the protective order.
See Doc. Wilson argues in his objections that Mr. Hamilton and Mr. Greathead's charges are duplicative. Because the Court only is awarding fees for Mr.
Hamilton's work, the fact that some of his work may have been duplicated by Mr. Greathead is of no concern.
Because the primary purpose of sanctions is to deter misconduct, as opposed to compensating the opposing party, "the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior.
Wilson from future misconduct. In the order imposing sanctions, the Court found:. Wilson bears full responsibility for his email.
There is no question that Mr. Wilson alone, without consulting his attorneys, sent this threatening and profane email to Mr. Hinks and his attorney, with copies to other potential witnesses, to express his anger and frustration at them for refusing to settle the case on his terms, and to attempt to intimidate them into taking a different course.
Wilson was solely responsible for his misconduct and he does not present any evidence or argument that he is unable to pay the sanction.
Accordingly, I find that Mr. How important are investment guarantees? Request reuse or reprint of article. You have reached the limit of premium articles you can view for free.
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Get your free PDF by completing the following form. Again, Chakwera has strong grounds on which to encourage its growth, with the substantiated rule of law and judicial independence demonstrated during the election enabling him to reach out, realistically, to others with the funds and expertise to rapidly develop this sector.
He has already begun to encourage South African farmers who are under pressure from rising incidents of farm invasions and rule of law in their own country, to look north and consider Malawi.
Yet perhaps the real challenge Chakwera and his new administration face now is looking ahead to the long: how to build a new Malawi that is void of the past and ingrained abuses of power.
In his acceptance speech, the President called for an end to tribal nepotism and corruption. But then so have many when first elected.