Skip to main content
Federal & State Lawfederalstatelaw.com
Home/Federal/Cases
Eleventh Circuit· 5/5/1993

Gary Devaney, D/B/A Devaney Logging Company v. Continental American Insurance Company Daniel M. Speer, D/B/A Speer Holt Insurance, Tom E. Ellis

Citations

  • 989 F.2d 1154
  • 25 Fed. R. Serv. 3d 815
  • 1993 U.S. App. LEXIS 10270
  • 1993 WL 119942

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the civil rule on discovery sanctions does not require trial court to make specific finding that attorney instigated discovery misconduct before imposing sanctions upon attorney
  • noting that “[t]he rule was toughened in 1970 to mandate that expenses be awarded unless the conduct of the losing party or person is found to have been substantially justified.”
  • noting that “[t]he rule was toughened in 1970 to mandate that expenses be awarded unless the conduct of the losing party or person is found to have been substantially justified.”
  • explaining that Rule 37 identifies multiple parties, including clients and their attorneys, “as possible subjects of sanctions . . . and vests the trial court with broad discretion to apportion fault between them”
  • explaining that a magistrate judge had discretion under the language of Rule 37 to impose fees against an attorney even though a motion for sanctions on its face sought fees 28 against the party itself
  • explaining that “an individual’s discovery conduct should be found ‘substantially justified’ under Rule 87 if it is a response to a genuine dispute, or if reasonable people could differ as to the appropriateness of the contested action’

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Edmondson, Hill

Read full opinion on CourtListener

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.