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HAMMERVOLD v. BLANK

No. 20-40578.

3 F.4th 803 (2021)

Mark HAMMERVOLD, Plaintiff— Appellant, v. David BLANK; Diamond Consortium, Incorporated, doing business as The Diamond Doctor; Jewelers Mutual Insurance Company, Defendants—Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 9, 2021.

Attorney(s) appearing for the Case

Mark Hammervold , Hammervold Law, L.L.C., Elmhurst, IL, for Plaintiff-Appellant.

Katherine Elrich , Carrie Johnson Phaneuf , Cobb Martinez Woodward, P.L.L.C., Dallas, TX, for Defendants-Appellees David Blank, Diamond Consortium, Incorporated, doing business as Diamond Doctor.

Elizabeth Lee Thompson , Shawn W. Phelan , Thompson, Coe, Cousins & Irons, L.L.P., Dallas, TX, for Defendant-Appellee Jewelers Mutual Insurance Company.

Before Owen, Chief Judge, Smith and Graves, Circuit Judges.

Mark Hammervold sued the defendants for malicious prosecution, abuse of process, and civil conspiracy. But, after the defendants' voluntary dismissal of the allegedly malicious and abusive suit, he moved for attorney's fees based on 28 U.S.C. § 1927 and the common law bad-faith exception to the American rule....

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