Lafayette and State Farm, insurers of Bryan’s Cypress Lake Development, sought declaratory judgments that, by virtue of exclusions set forth in their respective insurance policies, they have no obligation to provide coverage or duty to defend in LRK’s suit. LRK, an architect firm, brought this action for copyright infringement against a former client and his affiliated building companies (collectively, Bryan defendants). The Fifth Circuit Court of Appeals affirmed the sanctions imposed by the district court, holding (1) all the issues Stone raised on appeal had been waived and (2) no miscarriage of justice would result from the sanctions imposed. The court granted the motion for additional sanctions.
The Does, through the attorneys ad litem, then moved the court to impose further sanctions based on Stone’s failure to comply with the first sanctions order. The district court granted the sanctions motion, finding that Stone had issued subpoenas in violation of court order, thereby grossly abusing his subpoena power. 26 and 45 by issuing subpoenas to Defendants’ ISPs. After the case had been dismissed, Defendants, through attorneys ad litem, moved for sanctions based on Stone’s misconduct in violating Fed. The underlying case involved Plaintiff’s lawsuit alleging copyright infringement against 670 persons who allegedly unlawfully downloaded Plaintiff’s film using an online file-sharing program. Evan Stone, counsel for Plaintiff, appealed sanctions imposed on him.
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