Alan Kluger and the Kinoki Foot Pad.

I'm not a fan of sanctions motions.

They're unpleasant, usually directed specifically at opposing counsel, and often are subject to abuse or misuse.

Of course, sometimes they are appropriate and necessary.

Still, the standard for filing one should be "clear and convincing," at minimum -- if you harbor any doubt at all about the action in question, let it go and address the issue on the merits.

Our friend Alan Kluger just had a Rule 11 motion denied by Judge Cohn involving, of all things, foot pads.

(Once again, that's a sentence I never thought I'd write!)

I like Judge Cohn's order, which you can read courtesy of Scribd here, for its simplicity and directness.

Alan undoubtedly knows what he is doing, but you have to wonder about continuing to pursue a Rule 11 motion regarding the reasonableness of the plaintiff's complaint after the Court has already denied a motion to dismiss as to a number of the plaintiff's claims.

How does that advance the litigation?

Indeed, is it possible the defendant has lost something more here than just this particular motion?


  1. Let me see if I understand this correctly (not likely, considering no one is going to prison)

    The plaintiff sued the defendant.

    The defendant moved to dismiss.

    Some counts were dismissed, some were not.

    The parties settled the case and the remaining counts were dismissed.

    The Defendant THEN moved for Rule 11 sanctions?

    You civil lawyers are brutal SOBs. I have connected clients who play nicer than that.

  2. The photo does not reveal whether Alan is wearing foot pads or not.

  3. Love that Alan taking a dump pix.

  4. @Rumpole

    Times are tough. In a better economy we used to tell our clients to pound sand . . . now we act like Joe Klock representing Peter Halmos.

    How far we have fallen, indeed.

  5. Kinoki foot (pad) inserted into mouth...

  6. don't get the klock/halmos reference. Something civil I missed?

  7. Without making specific reference to this case, sanctions motions lend themselves to being used to spend the other side out of court.

  8. 11:10, PLEEEEAZE. Kluger and partners were and are fwads. The old and new firm mantra: Try and find a new way to be a dick each day.

  9. Those foots pads don't work. #

    It's a scam. There was a special on 20/20. Scientific test proved that it's not possible and did tests on the pads. The dark stuff that acts as toxins is merely placed in there and is even activated by distilled water.


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