Lucas
Lucas v. Jos. A. Bank Clothiers, Inc.
Opinion
Lead Opinion
Burns, J.
ORDER RE: SANCTIONS
David Lucas sued Joseph A. Bank for allegedly inflating suit prices before offering supposed “buy one, get one free” sales. Hassan Zavareei of Tycko & Zavareei and Stuart Scott of Spangenberg Shibley & Liber represented David M. Lucas in this putative class action. Without rehearsing the entire procedural history of the case, suffice it to say that the allegations against Joseph A. Bank fell apart when it became clear to all that Lucas, who had been designated lead plaintiff, had lied about ever buying suits from Joseph A. Bank. Plaintiffs eventually moved to dismiss the case with prejudice, and Joseph A. Bank filed a motion to sanction Lucas and his attorneys for not dismissing the case sooner.
*1202 The Court agrees that Lucas’s attorneys should have been more diligent and skeptical of Lucas’s story much earlier in the litigation. But they didn’t act recklessly. And the Court won’t stain their reputations for dishonest acts committed by their client. With that said, the Court recognizes that significant time, effort, and money was spent by everyone involved because Lucas attempted to perpetrate a fraud on Joseph A. Bank, this Court, and the public. The…