November 28, 2016
Krutz and Mulholland Persuade Court to Vacate Sanctions Order
On October 24, 2016, Judge Stephen Simpson vacated a sanctions order entered against defendants in a legal malpractice action pending in the Circuit Court of Hinds County, Mississippi. Fred Krutz and Daniel Mulholland successfully argued that the judge who preceded Judge Simpson and entered the sanctions award erred in doing so because a reasonable person could have perceived that the judge had developed a bias against defendants. Judge Simpson’s decision to vacate the sanctions order was a crucial victory for defendants because the sanctions imposed by the recused judge would have stripped the defendants of “all defenses to plaintiffs’ claims, evidence and damages under law and equity,” resulting almost certainly in a verdict for plaintiffs.