Court Blocks ‘Reckless’ Lawyer’s Future Filings

(CN) - A federal court issued a filing injunction against attorney Wade Robertson for going beyond "mere litigiousness" in his motions challenging a $7 million verdict against him.

Wade Robertson and his former business partner William Cartinhour entered into a 2004 partnership to invest in class action securities litigation, with Cartinhour contributing $3.5 million and Robertson, an attorney, contributing his legal services.

Unbeknownst to Cartinhour, however, Robertson borrowed $3.4 million from the partnership in interest-free loans. The invested amount dwindled to $700,000 by the time Cartinhour tried to get his money back in 2009.

In 2011, a jury awarded Cartinhour $7 million in compensatory and punitive damages.

During the litigation, the U.S. District Court and the D.C. Circuit issued Robertson's attorney, Ty Clevenger of Youngkin & Burns in Bryan, Texas, numerous warnings and $17,000 in sanctions for "vexatious," "meritless," and "reckless" filings.

U.S. District Judge Ellen Huvelle sanctioned Clevenger in 2012 for showing and "utter disregard for the judicial system" by pursuing baseless arguments despite multiple warnings.

On Tuesday, U.S. District Judge Royce Lamberth barred Robertson from filing anything else in his related bankruptcy action.

"Repeated frivolous and meritless filings will not be tolerated by this court," the judge wrote.

Even after Huvelle imposed sanctions, Robertson and Clevenger filed multiple motions and other documents, including an appeal, several motions for an extension of time, and a motion for reconsideration - most of which were dismissed as meritless.

"This multitude of frivolous and harassing filings, both in number and in content, made by appellants goes far beyond 'mere litigiousness.' The court thus finds that a filing injunction is appropriate," Lamberth concluded.

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