United States Tenth Circuit
Garcia v. Berkshire Life Ins. Co., 08-1022
In an action against an insurer seeking payment of benefits under a disability policy, the District Court's sanction of dismissal based on Plaintiff's fabrication of discovery documents is affirmed where the District Court was well within its discretion to determine that the evidence supported the conclusion that Plaintiff intentionally fabricated the documents.
Appellate Information
- Decided 06/10/2009
- Published 06/10/2009
Judges
- McCONNELL, Circuit Judge., Before O'BRIEN, ANDERSON and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Bennett Cohen, Polsinelli, Shughart P.C., Denver, CO (Jon Hertzog, Attorney at Law, Colorado Springs, CO and Jeff Nobel, Attorney at Law, Denver, CO, with him on the briefs) for Plaintiff-Appellant.
- For Appellees:
- Rachel A. Yates, Holland & Hart, LLP, Greenwood Village, CO (Michael S. Beaver, Holland & Hart, LLP, Greenwood Village, CO and Marcy G. Glenn, Holland & Hart, LLP, Denver, CO, with her on the briefs) for Defendants-Appellees.