For the third time, attorney H. Francis deLone Jr. has been hit with sanctions under Rule 11 by a federal judge for pursuing a lawsuit premised on a theory that has been squarely rejected by the 3rd U.S. Circuit Court of Appeals.
The district judge said that deLone persisted in arguing the legal theory even though he was the litigator in the case where the 3rd Circuit rejected it.
In a 17-page opinion in Harris v. SEPTA, U.S. District Judge John R. Padova found that deLone never should have filed a civil rights suit on behalf of a SEPTA worker who was fired for testing positive for cocaine because the theory of the case has been rejected by the 3rd Circuit in two of deLone's prior cases -- Bolden v. SEPTA and Dykes v. SEPTA.
Details here from the Legal Intelligencer via Law.com.