In the case of Mandarelli, et al v. Power Line Industries, Inc., filed in the Circuit Court of Hillsborough County, Brick Business Law filed and won a motion for contempt and sanctions resulting in a rare final judgment sanction in the case.
The Plaintiffs sued Brick’s client under a number of theories of liability such as breach of contract and fraud alleging that Power Line Industries sold a defective product to the Plaintiff and defrauded him. Brick counter-sued on behalf of its client for defamation due to videos that the Plaintiff posted on YouTube claiming that the product was defective and the Defendant was deceiving the public.
The Firm aggressively executed its litigation strategy, including motion practice and discovery, over the course of a year of litigation. The Plaintiffs were continually dilatory and obtuse in their responses. Due to the Plaintiff’s tactics, Brick filed a Fla. R. Civ. P. 1.380(b) motion for contempt and sanctions, arguing at the hearing that the Court should find that the Plaintiffs’ tactics constituted the “rare circumstance” which justified the ultimate sanction of the striking of the Plaintiff’s claims and dismissal of the lawsuit, plus contempt of court and an award of Brick’s attorney’s fees and costs. The Court heard Brick’s Motion on June 4 and ultimately issued its Order on September 4 granting all relief requested in the Motion.