Attorney Eleanor Capogrosso is the subject of a decision of Justice Debra James, reported in today’s NYLJ.  Rarely are litigants "enjoined" from bringing law suits without prior permission of the court, but this attorney apparently went too far.  "After filing 16 lawsuits on her own behalf – eight pro se and eight using seven various law firms – a Manhattan solo practitioner has been barred from initiating litigation as a party-plaintiff.

In throwing out Eleanor Capogrosso’s legal malpractice action against the attorney she hired to litigate a medical malpractice claim, Manhattan Supreme Court Justice Debra A. James (See Profile) also issued an order requiring Ms. Capogrosso to receive approval from an administrative judge before filing future actions or motions on her own behalf.

"Though a review of the record shows that plaintiff has flirted with placing her own license to practice law in jeopardy, of more moment is her pattern of commencing frivolous and repetitious actions," Justice James wrote in Capogrosso v. Kansas, 112291/06. "Based on a pattern of vexatious conduct and repetitive litigation and proceedings brought by plaintiff . . . this court grants a protective order prohibiting plaintiff from initiating any further litigation as party plaintiff without prior approval."

"Justice James cited Ms. Capogrosso’s challenges to "the integrity of at least three judges" – including Justice James – and a 2003 decision, Capogrosso v. Hospital for Special Surgery, 112075/02, in which Supreme Court Justice Eileen Bransten (See Profile) stated that "Capogrosso narrowly escapes sanctions this time but hopefully will nonetheless learn that she must follow court orders."