Client: Farmers Insurance Company of Flemington
Court: Appellate Division
Brief Attorney: Christopher J. Carlson, Esq.
Our insured was one of dozens of attendees at a party where Plaintiff claimed that he was assaulted. At deposition, Plaintiff acknowledged that he had no proof that the insured was involved in the alleged assault. A “frivolous litigation” letter was accordingly immediately issued to Plaintiff’s counsel. When the Complaint was not withdrawn, a Motion for Summary Judgment was filed and granted. Thereafter, a Motion for Sanctions against Plaintiff’s counsel was granted. After judgment against Plaintiff’s counsel was docketed, Plaintiff’s counsel ultimately appealed the same, though he had never opposed the Motion for Summary Judgment or the Motion for Sanctions. The Appellate Division affirmed the award of sanctions. Currently pending is our Motion seeking additional sanctions against Plaintiff’s counsel for the frivolous appeal, since a second “frivolous litigation” letter was served upon him immediately upon the filing of the appeal.