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Petition for rehearing – Sanction

By: Derek Hawkins//August 15, 2016//

Petition for rehearing – Sanction

By: Derek Hawkins//August 15, 2016//

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7th Circuit Court of Appeals

Case Name: Beatrice Boyer, et al v. BNSF Railway Company, et al

Case No.: 14-3131; 14-3182

Officials: BAUER, ROVNER, and WILLIAMS, Circuit Judges.

Focus: Petition for rehearing – Sanction

Petition for rehearing granted solely to modify opinion.

“Nor has Stombaugh been deprived of due process because no evidentiary hearing was held on the question of sanctions, as he also suggests in his petition. He has had a meaningful opportunity to be heard on the question of sanctions, see Tate, 551 F. App’x at 892, and he cites no factual matter material to our decision to sanction him that requires an evidentiary hearing to resolve, see Hill v. Norfolk & W. Ry. Co., 814 F.2d 1192, 1201 (7th Cir. 1987). There is no dispute as to what Stombaugh did; the only question is whether he should be sanctioned for it, and that question has been thoroughly litigated.”

Petition Granted

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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