You may not like the rules. You may think the rules are unfairly applied. But here is a case that makes it clear that (a) the failure to follow the rules can have significant consequences and (b) if you make a mistake it is important not to make matters worse.
Wade v. Soo LIne RR Corp. is a case out of the Seventh Circuit Court of Appeals. The appellate court affirmed dismissal of the plaintiff’s case because of conduct by the plaintiff’s lawyer. Here is a brief summary of the conduct at issue:
Soo Line argued, first, that Brugess and his firm made improper payments to [medical provider] TOS to influence its diagnosis of Wade, and, second, that Wade had tried to conceal these damaging documents and, even after being caught, tried to conceal them again and, when their absence was detected once more, tarried in turning them over. The district court concluded that the money was payment for an independent medical examination rather than a kickback, and while “not per se improper”, was “certainly an unsavory ‘sweetening of the deal.’ ” The court ruled that, although the payments did not themselves merit sanctions, failure to turn over highly relevant documents justified not only dismissal with prejudice but also an order requiring Brugess to pay Soo Line’s fees and costs. In the district court’s view, the dismissal would not hurt Wade, because “[g]iven the documents uncovered by Mohan, the grant of summary judgment for Soo Line is almost a foregone conclusion.”
Day on Torts
