Kensington International Ltd. v. Republic of Congo

4 Citing cases

  1. Raleigh v. Baribault

    3:22-CV-01069 (VDO) (D. Conn. Apr. 4, 2024)

    A court may exercise its inherent power against counsel and parties where “parties clearly acted in bad faith or conducted themselves dishonestly.” Kensington Int'l Ltd. v. Congo, 03-CV-4578 (LAP), 2007 WL 2456993, at *6 (S.D.N.Y. Aug. 24, 2007). Assuming the necessary factual predicate, courts may sanction parties, attorneys, or law firms by dismissing actions, assessing attorneys' fees, imposing monetary penalties, or fashioning other appropriate sanctions “for conduct which abuses the judicial process.” Chambers, 501 U.S. at 45

  2. Advanced Analyics, Inc. v. Markets

    CIVIL ACTION NO.: 4 Civ. 3531 (LTS) (SLC) (S.D.N.Y. Jun. 9, 2020)   Cited 1 times
    Awarding hourly rates between $141.35 and $205.42 for paralegals and non-legal personnel

    "Sanctions serve three purposes: (1) to prevent a party from benefitting from its own improper conduct, (2) to provide specific deterrents, and (3) to provide general deterrence." Kensington Int'l. Ltd. v. Republic of Congo, No. 03 Civ. 4578 (LAP), 2007 WL 2456993 at *10 (S.D.N.Y. Aug. 24, 2007). The Court should consider whether:

  3. Tiffany & Co. v. Costco Wholesale Corp.

    No. 13 CV 1041-LTS-DCF (S.D.N.Y. Jan. 7, 2019)   Cited 17 times
    Finding hourly rates between $625 and $845 for a partner "are reasonable considering the prevailing rates for firms engaging in complex litigation in this district"

    Plaintiffs do not dispute this proposition, but cite Merck for the proposition that the Court may invoke its inherent powers where the party "clearly acted in bad faith or conducted [it]self dishonestly." Id. at *5 (quoting Kensington Int'l Ltd. v. Congo, No. 03 CV 4578(LAP), 2007 WL 2456993, at *6 (S.D.N.Y. Aug. 24, 2007)) (internal quotation marks omitted). Plaintiffs assert that the jury's award of punitive damages, which was necessarily predicated on a finding of gross, wanton, and willful behavior by the Defendant, establishes a proper basis for an award of expert witness fees pursuant to the Court's inherent powers.

  4. Siani v. State Univ. of N.Y. at Farmingdale

    7 F. Supp. 3d 304 (E.D.N.Y. 2014)   Cited 48 times
    Finding that the Ex parte Young "exception to sovereign immunity only authorizes suits against officials with the authority to provide the requested relief"

    “A court in the Second Circuit may impose sanctions if it finds, with a high degree of specificity in its factual findings, that there is clear evidence that the challenged actions are entirely without color and are taken for reasons of harassment or delay or for other improper purposes.” Kensington Int'l, Ltd. v. Congo, No. 03–Civ.–4578(LAP), 2007 WL 2456993, at *6 (S.D.N.Y. Aug. 24, 2007) (citations omitted) (emphasis added). Plaintiff has not shown clear evidence that would allow this Court to make highly specific findings.