Legal Opinion
Mickwee v. Hsu
Court of Appeals for the Ninth Circuit
Decided February 11, 1985No. Nos. 84-2215, 84-2560PublishedCited by 13 opinions
1Per curiam
This opinion concerns awards of attorney’s fees for proceedings in this court in cases where a party appeals a district court order of sanctions for failure to comply with discovery rules.
When the trial court has imposed sanctions for failure to comply with discovery and the order is appealed, as a general rule attorney’s fees should be awarded where the discovery order is upheld. Failure to award attorney’s fees in such instances would substantially diminish the value of the award made in the trial court and thus frustrate the purpose of Fed.R.Civ.P. 37. See Tamari v. Bache & Co. (Lebanon)…
2Cases cited2 opinions
- Tamari v. Bache & Co. (Lebanon) S.A.L.Court of Appeals for the Seventh Circuit · 1984
- Kordich v. Marine Clerks AssociationCourt of Appeals for the Ninth Circuit · 1983
3Cited by13 opinions
- General William C. Westmoreland, Ambassador Richard Helms v. Cbs, Inc.Court of Appeals for the D.C. Circuit · 1985
- Bhan v. NME Hospitals, Inc.Court of Appeals for the Ninth Circuit · 1991
- Stanley J. Trohimovich and Anna Mae Trohimovich v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
- Bhan v. Nme Hospitals, Inc.Court of Appeals for the Ninth Circuit · 1991
- Basch v. Westinghouse Electric Corp.Court of Appeals for the Fourth Circuit · 1985
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