Hunt v. Moore Brothers, Inc.

Dist. Ct. did not abuse its discretion in imposing $7,500 sanction against plaintiff’s counsel for filing frivolous multi-count complaint, alleging that defendant violated RICO, federal antitrust laws, and Illinois Employee Classification Act, as well as committed tort of false representation arising out of alleged breach of Independent Contractor Operating Agreement calling for plaintiff to perform trucking services on behalf of defendant. Said Agreement called for parties to arbitrate dispute arising out of said Agreement, and plaintiff’s counsel failed to present any plausible defense to defendant’s demand that instant dispute be arbitrated, and further filed objectively baseless motion in opposition to defendant’s motion to compel arbitration, even though plaintiff argued that arbitration clause did not apply since: (1) defendant had materially breached Agreement; (2) plaintiff’s status as transportation worker precluded arbitration of instant dispute; and (3) parties had failed to agree on specific arbitrator as required under Agreement. Also, plaintiff’s counsel’s allegations regarding any RICO or antitrust claims or violations of Illinois law for work performed in Nebraska were wholly without merit.