fbpx

CASE ENTRY

Mager v. Wisconsin Central Ltd.

Marquette, Mich. railway trackman sues his employer, alleging an on-the-job injury. Employer schedules an independent medical exam to assess his injuries. Trackman refuses to fill out medical questionnaire and refuses to answer examiner’s questions. Also, his lawyer tags along to the exam, which is . . . uncommon. And the lawyer secretly records the exam on his cell phone. District court: Given the “flagrant and repeated misconduct exhibited by Plaintiff and his attorney,” the entire case is dismissed. Sixth Circuit: Affirmed. Although we’re generally reluctant to dismiss a plaintiff’s suit merely to sanction the plaintiff’s lawyer, both the trackman and his lawyer behaved badly here. Judge Sutton, concurring: Also, we shouldn’t be at all reluctant to hold parties accountable for their lawyers’ misdeeds, even if the parties themselves are not at fault.


Tags: 2019, Judge Sutton, Professional Responsibility, Sixth Circuit

Sign up to receive IJ's biweekly digital magazine, Liberty & Law along with breaking updates about our fight to protect the rights of all Americans.

JOIN THE FIGHT!