Abuse of Discretion – Rule 11 and Rule 60

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7^th Circuit Court of Appeals

Case Name: Bennie Kennedy v. John H. Davis

Case No.: 17-1645; 17-1786

Officials: WOOD, Chief Judge, and HAMILTON, Circuit Judge, and BUCKLO, District Judge.

Focus: Abuse of Discretion – Rule 11 and Rule 60

In 2012, Bennie Kennedy filed a lawsuit against his longtime employer, Schneider Electric. In 2014, the district court granted summary judgment for Schneider Electric. More than a year later, and without offering any new evidence, Kennedy’s lawyer filed a motion to set aside the judgment for fraud on the court, accusing Schneider Electric’s lawyers of suborning perjury. The district court denied that motion and exercised its discretion to impose sanctions on Kennedy’s lawyer under Rule 11. Kennedy appeals the denial of his motion, and his lawyer appeals the sanction order. We affirm both decisions.

The district court did not abuse its discretion in denying relief under Rule 60 or in imposing sanctions under Rule 11. The rulings of the district court are AFFIRMED.

Affirmed

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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.