7th Circuit Ok's dismissal of suit for "appalling" litigation conduct
The 7th U.S. Circuit Court of Ap-peals held that the dismissal of an employee's suit against this former employer for injuries he sustained to his back was an appropriate sanction for the employee's misconduct throughout the case.
Case name: Negrete v. National Railraod Passenger Corp. (Amtrak), 16 ILWCLB 211 (7th Cir. 2008).
Negrete, a former track-repair worker for Amtrak claimed that a work related back injury left him permanently disabled and unable to work. The U.S. District Court, Northern District of Illinois dismissed his lawsuit against Amtrak on the grounds that he had "intentionally flouted discovery deadlines, hidden and tampered with evidence and lied in his deposition." The 7th Circuit found that dismissal of the suit was an appropriate sanction under the circusmtances. Negrete's misconduct, which the 7th Circuit described as "appalling" included withholding names of physicians who had treated him for his injury, tampering with medical evidence, grossly understating rental income he received, misrepresenting his physical abilities, and missing 21 discovery deadlines. In response to Negrete's allegation that he was uneducated the 7th Circuit stated, "It does not take a graduate degree to understand that it is unacceptable to hide evidence and lie in a deposition."
