The district judge in the case, James Robertson, also had suggested sanctions against Hemenway. But Robertson quickly backed away when Hemenway noted the judge had cited hearsay in his ruling.
Hemenway argued that if he was going to be penalized, he was eligible to a discovery hearing in which he could see documentation of what the judge cited as fact.
Well that sucks. Too bad Hemenway discussed eligibility for discovery, base on hearsay, which the judge decided was a fact.
If Hemenway had just taken the sanction hearing, without telling the judge, about his rights, then we would be "game on"
Darn it, Darn it, Darn it!
Legally, Bauer doesn't have a leg to stand on. He cannot threaten sanctions against Hememway and cannot collect attorney's fees and legal costs since Bauer did not request a Motion to Dismiss on the basis that the lawsuit was frivolous, nor did he ask for attorney's fees and costs.
The case was tossed by Judge Robertson so no ruling was ever made on Bauer's Motion. But Hememway should press for Bauer's disbarment based on Bauer's extortion threat or, at a minimum have him recused from any further involvement.
I agree that Hememway should have kept quiet and file the appeal.