Counsel, You’ve Suddenly Gone All Literary on Me
From Friday’s decision by Judge Katherine Polk Failla (S.D.N.Y.) in Flycatcher Corp. LTD v. Affable Avenue LLC:
On June 26, 2025, the Court ordered Mr. Feldman to show cause in writing on or before July 10, 2025, why the brief in support of Defendant Affable Avenue LLC’s (“Affable”) motion to dismiss should not be stricken from the docket and sanctions imposed against him pursuant to Federal Rule of Civil Procedure 11. Mr. Feldman submitted his written response to the Order to Show Cause. On the same date, Plaintiffs filed a letter opposing Affable’s request to file additional documents in support of its motion to dismiss. Â On July 14, 2025, Mr. Feldman filed, on behalf of Affable, a letter in further support of Affable’s request to file additional papers in support of its motion to dismiss.
The Court looked askance at Mr. Feldman’s Response because the writing style in it differed markedly from the writing style in the letter he submitted to the Court three days later. (Compare Response with Dkt. #166). Mr. Feldman’s Response contains an extended quote from Ray Bradbury’s Fahrenheit 451 and a metaphor about an ancient stylus. By contrast, his July 14, 2025 letter contains typographical errors in the very first paragraph, and, indeed, throughout. Â This prompted the Court to further analyze Mr. Feldman’s Response. On page three, Mr. Feldman contrasts his conduct with the misconduct described in two (real) cases: Mata v. Avianca, Inc., 678 F. Supp. 3d 443 (S.D.N.Y. 2023), and Park v. Kim, 91 F.4th 610 (2d Cir. 2024). On page four of the Response, Mr. Feldman appears to quote from Mata (without providing a pin cite), as follows:
Critically, unlike the pattern of deception identified in Mata, where sanctions were imposed not merely for citing fictitious cases but for the attorneys’ “failure to be forthcoming, withdraw the prior submissions, and continue to give legitimacy to fake cases in the subsequent submissions despite having multiple reasons to believe that the cases lacked authenticity,” I immediately acknowledged the errors upon n
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
