· 9/2/2015
Sun River Energy, Inc. v. Nelson
Citations
- 800 F.3d 1219
- 2015 WL 5131947
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “substantial justification” under Rule 37 means “justified to a degree that could satisfy a reasonable person”
- explaining that a sanctioned attorney may not take an interlocutory appeal for discovery sanctions, counsel must wait until the conclusion of the underlying lawsuit to appeal the discovery sanctions.
- stating that “[a]n opportunity to be heard does not require an oral or evidentiary hearing on the issue; the opportunity to fully brief the issue is sufficient to satisfy due process requirements”
- relying on Grider 28 v. Keystone Health Plan Cent., Inc., 580 F.3d 119 (3d Cir.2009) and Maynard v. Nygren, 1 332 F.3d 462 (7th Cir.2003)
- reviewing substantial justification determination under Fed. R. Civ. P. 37(c)(1) for abuse of discretion
- reviewing the imposition of a Rule 37(b)(2) sanction for abuse of discretion
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Baldock, Gorsuch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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