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14-3131 - Beatrice Boyer, et al v. BNSF Railway Company


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14-3131 - Beatrice Boyer, et al v. BNSF Railway Company
June 1, 2016
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Filed opinion of the court by Judge Rovner. We have considered and rejected the plaintiffs' request that we certify to the Wisconsin Supreme Court the question whether section 88.87 is properly understood to apply to their claims. We remand with directions to impose sanctions on the plaintiffs’ lead counsel, Christopher D. Stombaugh, in the amount of $34,575.80. AFFIRMED IN PART, REVERSED IN PART, and REMANDED. William J. Bauer, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Ann Claire Williams, Circuit Judge. [6754879-1] [6754879] [14-3131, 14-3182]
August 9, 2016
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Filed opinion of the court by Judge Rovner GRANTING the Petition for Rehearing to the limited extent that we now modify our opinion of June 1, 2016, by citing our inherent authority to sanction counsel for misconduct as an alternative ground for our decision to impose sanctions on Stombaugh. No judge in active service having called for a vote on Stombaugh’s request for rehearing en banc, that request is denied. William J. Bauer, Circuit Judge; Ilana Diamond Rovner, Circuit Judge and Ann Claire Williams, Circuit Judge. [6774145-1] [6774145] [14-3131, 14-3182]