An Indiana federal judge declined to grant the most severe sanctions requested by retired Seventh Circuit Judge Richard Posner in his defense against a $170,000 breach of contract suit brought by pro se litigation “expert” Brian Vukadinovich. The judge did not dismiss the case or impose a “significant monetary” penalty.
Posner Staffer Suit Losses : Judge’s Ruling on Sanctions
On Friday, U.S. District Judge Theresa L. Springmann sanctioned Vukadinovich for repeatedly alleging that Posner had “fraudulently concealed his Alzheimer’s disease diagnosis.” The judge struck these allegations from the record and warned Vukadinovich that he must pay $100 for each future filing containing these claims.
Posner Staffer Suit Losses : Background of the Case
Vukadinovich’s suit accuses Posner of reneging on a handshake agreement to pay him $120,000 annually to help run the Posner Center of Justice for Pro Se’s. Vukadinovich claims to be the “foremost expert in the country in the art of pro se litigation” and is representing himself in the suit.
Posner’s Retirement and Advocacy
Posner retired from the Seventh Circuit in September 2017 after 36 years, citing frustration with the court’s treatment of pro se litigants. He founded the Posner Center of Justice for Pro Se’s but dissolved it after a 2018 Alzheimer’s diagnosis.
Litigation Developments
Vukadinovich filed a $170,000 breach of contract claim against Posner in May 2022, alleging Posner failed to pay him for his services. An amended complaint included claims of fraud and unjust enrichment, but the fraud claim was later dismissed. A U.S. magistrate judge ruled that the breach of contract and unjust enrichment claims could not be dismissed without further discovery.
Posner Staffer Suit Losses : Contentious Court Filings
The litigation has become vitriolic. In February, Posner requested severe sanctions against Vukadinovich for alleged repeated “lies,” accusations of perjury against Posner’s counsel, and “frivolous” filings. Vukadinovich countered that Posner should be sanctioned, accusing Posner’s lawyer of “hypocrisy” and lies.
Judge’s Decision on Further Sanctions
Judge Springmann denied Posner’s motion for sanctions over alleged frivolous filings, noting Vukadinovich’s status as a pro se litigant protected him from sanctions for motions made in good faith. The judge also found that Vukadinovich’s filings disputing the court’s discovery timeline were premature but not sanctionable due to his pro se status.
Warning Against Future Allegations
Judge Springmann determined that Vukadinovich could not have reasonably believed that the evidence supported his allegations of Posner’s fraudulent concealment of his Alzheimer’s diagnosis. Vukadinovich faces a $100 fine per future filing containing these allegations. The judge struck all statements alleging fraudulent concealment from the record and warned Vukadinovich against making additional unfounded accusations of perjury against Posner’s counsel.
Representation and Comments
Vukadinovich could not be reached for comment, and a representative for Posner did not immediately respond to a request for comment on Monday. Vukadinovich is representing himself, while Posner is represented by Steven F. Molo, Kenneth E. Notter III, and Justin M. Ellis of MoloLamken LLP and David J. Beach of Eichhorn & Eichhorn LLP.
