In the very long saga of Fort Lauderdale attorney Robert Ingham’s doomed representation of MCS against Essent Healthcare, Judge Seitz has elected to not award Essent the $87k in fees recommended by Magistrate Judge O’Sullivan as an additional sanction for vexatious litigation conduct.
Judge Seitz’ order is instructive and worth quoting at length:
Considering all of the record evidence, the Court believes the proper exercise of both restraint and discretion requires no monetary sanctions against lngham under the Court’s inherent powers or section 1927. While not awarding monetary sanctions, the record reflects that the questionable litigation tactics Ingham employed during the course of this litigation have resulted in adverse consequences to him . The Court referred Ingham to The Florida Bar for a psychological and competency evaluation because his conduct evidenced a fundamental incompetence and questionable connection with reality that can best be addressed through the pending discipline process. The Court also referred him to the Chief Judge of this Court and the peer review committee to determine whether Ingham should be removed from the Bar of the Southern District of Florida. MCS terminated lngham and filed a complaint with The Florida Bar against him. And while the words of this Order might not constitute a formal sanction, harsh words that reflect adversely on a lawyer’s professionalism always should be treated as a form of punishment for attorney misconduct.
Can’t argue with that.