Section 9.15 Cases Denying Sanctions

• Library: App Ct Prac 2015 Supp

V. (§9.15) Cases Denying Sanctions

In the vast majority of cases seeking sanctions, the court denies the motion, generally without addressing the issue of sanctions in detail. These summary dispositions are frequently only one or two sentences. In some cases, the court has discussed the issue in detail before arriving at the conclusion that sanctions were not warranted. In Kraft, Inc. v. Missouri Farmer’s Assoc., Inc., 816 S.W.2d 278, 282 (Mo. App. S.D. 1991), the majority of the judges voted to deny a motion for sanctions under Rule 84.19, noting that assessing damages is a “drastic measure,” and the court chose to exercise its discretion to deny the motion. One judge, however, did dissent from that decision, stating that the appellant’s “characterization of the case as one of first...