Tort Law

Solo's Complaint Against Firm Results in $45K Frivolous Suit Sanction

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New York solo Frank Shernoff represented his wife in a stock options dispute against her former employer, reached a settlement and later renounced it, saying opposing counsel from Day Pitney misrepresented its terms.

Shernoff said in subsequent state court suit over the federal case that Day Pitney benefited from a cozy relationship with the court and won their case by fraud, reported the New Jersey Law Journal in a story reprinted in New York Lawyer (reg. req.) But he filed not on behalf of his client—but himself.

Shernoff said the disadvantages he faced resulted in extra legal work on his part as well as physical, emotional and psychological harm.

The state appeals court dismissed the suit Friday, saying Shernoff lacked standing, saying that his client, if anyone, would have been the actual fraud victim in this scenario. A $45,000 frivolous suit sanction was upheld.

Shernoff says the appeals panel disregarded evidence that the courts were biased against him and is considering an appeal, according to the New Jersey Law Journal.

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