Atkins Nuclear Secured LLC v. Aptim Fed. Servs. LLC

No sanctions will be ordered against the defendant who first indicated through in-house counsel that it would not challenge federal diversity jurisdiction, but then changed that position when outside counsel learned that its corporate citizenship destroyed diversity jurisdiction. The plaintiff consented to dismissal.

While in-house counsel’s conduct may have been reckless, it does not meet the subjective bad-faith standard so as to support a sanctions in the form of attorneys’ fees and costs.

Motion for sanctions denied.

Atkins Nuclear Secured LLC v. Aptim Fed. Servs. LLC, No. 1:18cv1112, Apr. 24, 2019. EDVA at Alexandria (Trenga).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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