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Anthony Mccarty v. Verizon New England, Inc.; Jeffrey Romano

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Before Torruella, Circuit Judge, Souter, *fn1 Associate Justice,and Boudin, Circuit Judge.

Attorney James N. Ellis appeals from a sanction order against him that was entered by the district court in the underlying civil suit in which Ellis was the plaintiff’s counsel. McCarty v. Verizon New England, Inc., 772 F. Supp. 2d 362, 365-66 (D. Mass. 2011). The sanction was an award of attorneys’ fees to the defendants–Verizon New England, Inc. and Jeffrey Romano–in the amount of $34,908.12. Id. at 367. The events and course of proceedings are as follows.

On May 23, 2006, Verizon employee Anthony McCarty crashed a Verizon truck into a highway abutment while driving to his first job of the day for Verizon. McCarty was injured and taken to the emergency room at St. Vincent’s Hospital in Worcester, Massachusetts. McCarty eventually admitted to snorting heroin earlier in the morning; a urine sample taken at the hospital tested positive for opiate use.

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