This month, we discuss Mitchell v. Lyons Professional Services,1 in which the U.S. Court of Appeals for the Second Circuit vacated and remanded a denial of plaintiffs’ motion to execute a monetary judgment, which had been entered as a sanction for attorney misconduct. In its decision, written by Judge Ralph K. Winter and joined by Judge Reena Raggi and Judge Denny Chin, the court concluded that the district court had not adequately developed the record regarding whether the plaintiffs contributed to their counsel’s misconduct, nor sufficiently considered the adequacy of alternative sanctions, which would have directly impacted the offending attorney, rather than his clients.
Background
On April 16, 2009, plaintiffs filed a complaint against their former employer, Lyons Professional Services Inc. and two supervisory personnel, alleging various occurrences of sexual harassment and sexual assault by the supervisory personnel and vicarious liability against Lyons. Plaintiffs were represented by Gary Rawlins.2
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