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GPV Wins Rare Order – Sanctions Against Opposing Law Firm

GPV attorney Tilman Heyer recently prevailed in a rare successful motion for sanctions, with a judge ordering a parent’s attorney to reimburse part of the school district’s legal fees.  OAH has authority to order to shift costs from one party to another for actions or tactics that are frivolous or solely intended to cause unnecessary delay.  In this case, OAH looked at the following facts in granting sanctions in favor of the school district:

  • The student’s attorney did not file a participant information sheet two business days before the hearing as required for OAH to send attorneys Zoom links to the virtual hearing, instead filing this the night before the hearing.
  • The student’s attorney did not provide OAH with the contact information for the attorney who would be representing the student at hearing, instead listing the name of another attorney.
  • In sum the hearing was delayed by almost an hour because the attorney for the parent “fail[ed] to follow OAH prehearing guidelines and lack[ed] preparation.”

OAH found sanctions were warranted, as the conduct by the parent’s attorney “delayed the hearing and wasted resources, and thus, were not in good faith.”

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