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Sanctions Nixed In Foreclosure Fraud Suit Barred By Noerr

Law360, New York (August 14, 2013, 7:26 PM EDT) -- A New Jersey federal judge rejected dueling sanction requests Wednesday in the aftermath of a first-impression proposed racketeering class action in which law firm Phelan Hallinan & Diamond PC escaped allegations it prosecuted fraudulent mortgage foreclosure lawsuits.

U.S. District Court Judge Jerome B. Simandle refused to sanction plaintiff Charles Giles' counsel for bringing the litigation against Phelan, saying that even though Giles lost, the suit required an examination of novel issues within the Third Circuit’s jurisdiction and the outcome therefore could not have been predicted definitively enough to label the action baseless.

Judge Simandle shut the case down in June in...

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Attached Documents



Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


New Jersey

Nature of Suit

Other Fraud


Subscribers Only

Date Filed

October 24, 2011

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