Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Salmeron v. Enterprise Recovery Systems, Inc.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED MAY 14, 2009

Before RIPPLE, MANION, and TINDER, Circuit Judges.

After her employer Enterprise Recovery Systems (“ERS”) fired her, Rhonda Salmeron brought this qui tam action on behalf of the United States against ERS alleging that it committed fraud in its student loan debt collection practices. Salmeron subsequently amended her complaint three times to add USA Funds, Inc.; USA Group Guarantee Services, Inc.; USA Servicing Corp.; Sallie Mae, Inc.; Sallie Mae Servicing, L.P.; and Scott Nicholson as defendants. During the lawsuit’s three-year sojourn in the district court, Salmeron’s attorney, Jorge Sanchez, engaged in what the judge described as a “virtually unbroken pattern of dilatory and irresponsible conduct,” consistently missing filing deadlines and failing to appear at status conferences. Fed up with Sanchez’s repeated flouting of the court’s rules, the district court dismissed the suit sua sponte. Though ultimately persuaded to reinstate the action, the district court issued a “final warning” to Sanchez that future misconduct would not be tolerated. Only a short time later, however, Sanchez breached an oral agreement he had with opposing counsel and leaked a document obtained through discovery to three separate sources. Upon finding the document posted on an Internet website, the defendants moved to dismiss the suit as a sanction for the unauthorized disclosure. The district court granted the motion, finding the leak “willful” and “inexcusable.” Salmeron appeals, arguing that the punishment does not fit the offending conduct. We affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Multifamily Fall 2024
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
California Legal Awards 2024
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
Go to Events Go to Webcasts
Associate Attorney

McDermott Law, LLC, a boutique Plaintiffs-focused firm located in the Denver Tech Center, has an opening for a full-time associate attorney....


Apply Now ›
Associate Attorney

Beitchman & Zekian, P.C. seeks a motivated and ambitious attorney with 2 to 4 years of civil and business litigation experience for its ...


Apply Now ›
Director of Personal Injury

Job Summary: The Director of Operations will be responsible for the strategic and operational management of the firm's Personal Injury pract...


Apply Now ›
Go to Lawjobs