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Attorney appeals sanctions order tied to post-trial filings in Postale v. Mitchell
Summary
In a separate appeal in Postale v. Mitchell, an attorney challenged a trial judge’s monetary sanction after post‑trial motions, arguing the appellate record lacks the judge’s affidavit and underlying motions and that sanctions should be supported by actual demonstrable harm.
Postale v. Mitchell (sanctions): In a separate appeal the panel heard argument from attorney Adam Tepper (the appellant) that a trial judge improperly imposed monetary sanctions after post‑trial filing activity. Tepper said the record before the Appeals Court (as assembled) did not include the motions and the judge’s affidavit that formed the factual basis for the sanction order and argued that sanctions are a drastic remedy requiring demonstrated, actual harm and procedural fairness.
Why it matters: Courts impose sanctions as a remedy for abusive or noncompliant litigation conduct, but appellate courts require a clear record showing the factual basis and proportionality of any monetary penalty.…
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