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NEW ENGLAND SURFACES v. E.J. DUPONT DE NEMOURS

Civil No. 06-89-P-H.

558 F.Supp.2d 116 (2008)

NEW ENGLAND SURFACES d/b/a Dion Distributors, Inc., Plaintiff v. E.I. DUPONT DE NEMOURS AND COMPANY d/b/a DuPont and Parksite, Inc., Defendants.

United States District Court, D. Maine.

June 3, 2008.

Attorney(s) appearing for the Case

William D. Robitzek, Paul F. Macri, Berman & Simmons, P.A., Lewiston, ME, for Plaintiff.

Deborah A. Buccina, Christine Kennedy-Jensen, James E. Fortin, Douglas, Denham, Buccina & Ernst, Martha C. Gaythwaite, Harold J. Friedman, Friedman, Gaythwaite, Wolf & Leavitt, Portland, ME, John C. Wyman, Murtha Cullina LLP, Boston, MA, for Defendants.

Peter J. Rubin, Daniel J. Mitchell, Bernstein Shur, Portland, ME, Steven D. Silin, Berman & Simmons, P.A., Lewiston, ME, Harrison L. Richardson, Kathryn K. Rowen, Richardson, Whitman, Large & Badger, Portland, ME, David J. Perkins, Perkins Olson, Portland, ME, for movants.

DECISION AND ORDER ON DEFENDANT E.I. DUPONT DE NEMOURS AND COMPANY'S MOTION FOR ATTORNEY FEES

D. BROCK HORNBY, District Judge.

If a party does not use Rule 11 or Rule 37 to seek sanctions against its opponent during the course of a lawsuit, can it recover sanctions for litigation misconduct at the close of the case under 28 U.S.C. § 1927 or the court's inherent power? Theoretically yes. But I conclude that if the Rules and statute are "up to the task...

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