Bernal
Bernal v. Southern Pacific Transportation Co.
Opinion
Lead Opinion
MEMORANDUM ***
Larry Lockshin, counsel for plaintiff Bernal, appeals the district court’s orders that sanctioned Lockshin $4,941.87 and denied Lockshin’s Rule 60(b) motion to vacate the sanction order. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.
Lockshin argues that the district court abused its discretion by sanctioning him for mere reckless behavior. We review the district court’s sanction order for an abuse of discretion and findings of fact for clear error. United Computer Sys., Inc. v. AT & T Corp., 298 F.3d 756 , 760 (9th Cir.2002). This claim fails because the district court sanctioned Lockshin for conduct “tantamount to bad faith” when it found that Lockshin “deliberately” placed the $3 million verdict before the jury and “recklessly” transgressed ethical boundaries and influenced the jury. See Fink v. Gomez, 239 F.3d 989, 994 (9th Cir.2001) (holding that the court may sanction for recklessness combined with another factor such as frivolousness, harassment or an improper purpose).
We reject Lockshin’s argument that a sanction for only one incident of wrongdoing at trial violates public policy. There is no requirement of multiple acts of misconduct as a…