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