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Civil Procedure Keyed to Spencer
Hadges v. Yonkers Racing Corp.
Citation:
48 F.3d 1320 (2d Cir. 1995)Facts
Plaintiff was licensed as a racehorse driver, trainer, and owner, until the Racing Board suspended and revoked his license for failure to disclose his criminal record, and later for illegally disclosing information to a gambler. Plaintiff had his license reissued; however, Defendant denied Plaintiff the right to work at their racetrack. Plaintiff filed suit against Defendant in federal court and against another racetrack in state court. Plaintiff did not disclose to the federal court that he had filed action in state court. In the course of litigation, Plaintiff claimed that he had been denied employment at many other racetracks and had not worked for four years, and submitted a misleading piece of evidence to bolster his claim. However, later evidence established that he had worked at other racetracks during that time. After these facts were revealed, Defendant moved for Rule 11 sanctions on Plaintiff and Plaintiff’s attorney.
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