Thul v. OneWest Bank
United States District Court for the Northern District of Illinois
2013 WL 212926 (2013)
Attorneys from Skadden, Arps, Meagher & Flom prepared a brief supporting OneWest Bank's (defendant) motion to dismiss Thul's (plaintiff) complaint, citing older Seventh Circuit precedent while omitting a more recent, directly contradictory Seventh Circuit opinion; the district court ordered the attorneys to show cause why they shouldn't be sanctioned, and in response, senior attorneys Beisner and Miller took responsibility, absolved a junior associate of blame, apologized while arguing the omitted case was distinguishable, and noted the underlying case had already settled with a provision for their firm to compensate Thul's counsel for time spent responding to the motion.
Whether an attorney's failure to reveal adverse legal authority to the court and opposing counsel, when the attorney is aware of the adverse authority, provides grounds for the court to impose professional sanctions.