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Civil Procedure Keyed to Glannon
Susssman v. Bank of Israel
Citation:
56 F.3d 450 (2d Cir.), cert denied, 516 U.S. 916 (1995)Facts
The receiver for an Israeli bank filed an action against Plaintiffs (shareholders, directors, founders of an Israeli bank) in Israel. Plaintiffs subsequently filed a complaint in federal district court in New York, naming various Israeli officials and the bank as Defendants. After Plaintiffs’ complaint was dismissed, without prejudice, on forum non conveniens grounds, Defendants moved for sanctions against Plaintiffs’ attorney. The court imposed sanctions in the amount of $50,000 on the ground that the complaint had been filed, in part, for an improper purpose. Plaintiffs’ attorney appealed, arguing that the purpose was not improper, and that the sanctions were improper because the claims asserted in Plaintiffs’ complaint were not frivolous.
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