Judge Sanctions Plaintiff’s Counsel in Wrongful Kia Death Suit

Judge Sanctions Plaintiff’s Counsel in Wrongful Kia Death Suit

A federal judge in Georgia sanctioned plaintiff’s counsel for a frivolous motion in a wrongful death suit brought against Kia.  After the 11th Circuit affirmed summary judgment in favor of Kia, the attorney filed a motion to set aside the judgment on certain claims, arguing that Kia had not moved for summary judgment on those claims, denying the court jurisdiction to rule on them.  The judge found that plaintiff’s counsel’s motion was contradicted by the plain language of Kia’s summary judgment motion and that by not raising the argument in response to the summary judgment motion, plaintiff had abandoned the argument. [2/26/15]

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