Kleiner v. First National Bank of Atlanta

751 F.2d 1193 (1985)

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Kleiner v. First National Bank of Atlanta

United States Court of Appeals for the Eleventh Circuit
751 F.2d 1193 (1985)

Facts

Attorney Richard M. Kirby (defendant) represented First National Bank of Atlanta (the bank) in a class-action lawsuit brought by Jackie Kleiner. Kleiner sought a protective order from the court to prevent the bank from contacting potential class members. According to Kleiner, such contacts could intimidate potential class members and deter them from participating in the class. The district court issued the protective order, preventing the bank from contacting potential class members but allowing the bank to depose five class members. Kirby, however, believed that existing caselaw held that it would be lawful for the bank to contact potential class members so long as the communications were noncoercive. Under Kirby’s advice, the bank contacted 3,000 potential class members and convinced 2,800 to opt out of the class. Once the district-court judge found out about the bank’s actions, the judge held disciplinary proceedings against Kirby and his law firm for advising the bank to disobey the court order. Among other punishments, the district court sanctioned Kirby and his firm, imposing a $50,000 fine. Kirby appealed the district court’s fine.

Rule of Law

Issue

Holding and Reasoning (Vance, J.)

Concurrence/Dissent (Hill, J.)

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