Civil Procedure — sanctions

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — sanctions

Where the district court did not make a finding of bad faith, it was error to impose attorney fees as a sanction.

“Here, the district court did not articulate a valid basis on which to award attorney’s fees as a sanction; indeed, there is no evidence in the record to suggest that Williams’ failure to notify Tucker of his intention to file a supplemental motion for summary judgment was in bad faith, designed to obstruct the judicial process, or a violation of a court order. At worst, the evidence suggests that even if Williams’ conduct amounted to clumsy lawyering, it was not sufficient to warrant sanctions under the court’s inherent authority.”

“The district court’s and Tucker’s frustration may be understandable but by upholding this sanction—without a finding of bad faith—we would be imposing a level of foresight and efficiency that is simply unattainable in litigation. Efficiency, unfortunately, has never been an earmark of litigation. Lawyering must be in good faith; it need not be omniscient. The district court’s award of attorney’s fees was an abuse of its discretion, and we reverse that ruling.”

Affirmed in part, and Reversed in part.

10-2835 & 10-3264 Tucker v. Williams

Appeals from the United States District Court for the Central District of Illinois, Mihm, J., Bauer, J.