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Sanctions
By: Derek Hawkins//June 6, 2016//
Listen to this article7th Circuit Court of Appeals
Case Name: Beatrice Boyer et al v. BNSF Railway Company
Case No.: 14-3131, 14-3182
Officials: BAUER, ROVNER, and WILLIAMS, Circuit Judges.
Focus: Sanctions
Plaintiff’s counsel decision to file in State court was unreasonable; actions warrant sanctions
“The plaintiffs’ request to certify that question to the Wisconsin Supreme Court is denied. BNSF’s request that we impose Rule 38 sanctions is also denied. Finally, the decision of plaintiffs’ counsel to file this litigation in Arkansas state court was objectively unreasonable and vexatiously multiplied the proceedings, warranting sanctions pursuant to section 1927. We remand with directions to impose sanctions on the plaintiffs’ lead counsel, Christopher D. Stombaugh, in the amount of $34,575.80. Costs of the appeal are awarded to BNSF.”
Affirmed in Part
Reversed and Remanded in Part
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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