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PSD Client Prevails as Florida Federal Court Upholds Sanctions Award Against Opposing Counsel

On July 30, 2015, a Federal court in Florida issued a written decision in favor of a PSD client, EDCare Management, Inc.  The Order affirmed the imposition of sanctions against Amlong & Amlong, P.A., who served as plaintiff’s counsel in two cases against EDCare, one alleging violations of the Fair Labor Standards Act and the other alleging discrimination in the termination of the plaintiff.  In the Order, the Federal court held: “At first, the Amlong Firm did not believe that she had a very strong case, but after [the plaintiff] explained that she had records that might reveal illegal activities by EDCare, the Amlong Firm misled both EDCare and the Court about the amount of materials that [plaintiff] had improperly taken from EDCare during her employment.”  The Federal court explained that “after several hearings and lots of briefing, [a magistrate judge] determined that the Amlong Firm recklessly pursued frivolous litigation and unjustifiably obstructed EDCare’s efforts to obtain key litigation documents (including many of their own internal materials that [plaintiff] misappropriated).”  The Federal court also explained that the Amlong Firm had appeared to use certain language “deliberately interjected into the discussion in an effort to hide the fact that [plaintiff] had taken a lot more materials from EDCare than EDCare knew.”

An earlier Order in the matter had recognized more than $525,000 in fees at issue in the sanctions award.

The team representing EDCare has included Barry PollackJosh Solomon and Alex Davidson.