United States Seventh Circuit
LOWE v. MCGRAW-HILL COS., INC., 03-1888, 03-1954
District judge did not abuse her discretion in assessing a $50 per day penalty against defendant, given its egregious delay in responding to plaintiff's requests for documents pertaining to his deceased wife's retirement plan; plaintiff's attorney's fees were rightly reimbursed, because defendant's litigating position was not "substantially justified."
Appellate Information
- Argued 10/28/2003
- Decided 03/15/2004
- Published 03/15/2004
Judges
- POSNER, Circuit Judge., Before BAUER, POSNER, and WILLIAMS, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Robert E. Haney (argued), Marks, Marks & Kaplan, Chicago, IL, for Plaintiff-Appellant.
- For Appellees:
- Cathryn E. Albrecht (argued), Marks, Marks & Kaplan, Chicago, Il, for Defendant-Appellee.