Dennis Tallman v. Cps Security (Usa), Inc.

MEMORANDUM

The district court did not abuse its discretion in declining to impose sanctions under 28 U.S.C. § 1927 and in declining to reduce the attorney fee award under the Fair Labor Standards Act (“FLSA”) to account for counsel’s misconduct at trial. We affirm.

1. The parties dispute whether recklessness alone is sufficient to impose sanctions under Section 1927, or whether “something more” is required, such as knowledge, frivolousness or bad faith. As this Court has previously recognized, our cases “have been less than a model of clarity” on this issue. B.K.B. v. Maui Police Dep’t, 276 F.3d 1091, 1107 (9th Cir. 2002). Regardless of the proper standard, the district court did not err in declining to impose sanctions in this case.

Although the court repeatedly ruled evidence related to other lawsuits inadmissible, it also stated on the record that the introduction of Exhibit 528 by CPS Security “open[ed] the door on these lawsuits.” The court later also acknowledged in its Order denying sanctions that Tallman’s attorney “reasonably may have believed the Court’s comments approved of inquiry in this area despite the Court’s prior rulings.” Recklessness requires “much more than…