Judge Awards Monetary Sanctions against Motorola for Willful and Deliberate Violations – Court Expresses Disgust with Motorola and its Legal Counsel’s Behavior during Trial
STUART, Fla., Jan. 8 LAWFUEL — In what has been described as a
major victory for famed trial attorney Willie Gary and his legal team,
Judge Leroy H. Moe announced today that “sanctions are in order against
Motorola” for the “intentional, deliberate, blatant, willful and
contumacious disregard of the rule of sequestration of witnesses,” in the
$10 billion lawsuit that Gary tried on behalf of client, SPS Technologies.
During the post-trial hearing today, Judge Moe further stated:
“There is no question in my mind that it affected the outcome of the
case and, therefore, was very prejudicial to the plaintiffs. The prejudice
is inherent almost in the mere violation of the rule and the way it was
violated. But there is no question that it was done for tactical purposes
and solely for the purpose of winning at all costs. *** All that being
said, sanctions are in order against Motorola.”
The trial lasted over two-months and the jury could not agree on a
verdict after days of deliberations.
Judge Moe denied all of Motorola’s post-trial motions. The judge
reserved ruling on the amount of the fines to be imposed against Motorola,
but has imposed sanctions against Motorola for attorney’s fees and costs
expended by SPS and its attorneys. The amount will be determined at a later hearing.
“Motorola took a calculated risk and they lost,” commented Willie Gary,
lead counsel for SPS. “Over the last five years we have spent millions of
dollars in attorney’s fees and millions in costs, just to be thrown away by
Motorola’s outrageous conduct that was condoned by its lawyers,” continued Gary. “We are asking for a fine to be imposed against Motorola of $100
million, in addition to the already awarded costs and fees, the amount of
which is to be determined at a later hearing. We will be asking for
millions for those amounts at that time.”
Gary and his legal team allege that Motorola stole SPS’ idea for a
computer-based tracking technology, which led to Motorola’s present vehicle tracking system, which is also licensed to major auto industries and
related systems. SPS is seeking $10 billion in damages.
Gary and his legal team are no strangers to seeking justice. They are
noted for winning a $240 million verdict against Walt Disney Corporation
for their clients who alleged Disney stole their idea for a sports theme
park. Also, Gary was awarded $18.28 million against the media conglomerate Gannett Company for the false portrayal of their clients in a series of
newspaper articles. In 2001, a jury awarded Gary a $139.6 verdict for the
Maris Distributing Company against Anheuser-Busch.