DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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192174P.pdf 07/29/2020 Andrew Schlafly v. Eagle Forum
U.S. Court of Appeals Case No: 19-2174
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Chief Judge, with Colloton and Stras, Circuit Judges]
Civil case. On claim that the district court erred in dismissing
plaintiff's claim in his original complaint that Eagle Forum improperly
removed his as a director without allowing proxy voting in violation of
Illinois law, plaintiff's amended complaint did not waive his claim that
Eagle Forum violated Illinois law by not permitting proxy voting; applying
Illinois's General Not for Profit Corporation Act, the court affirms the
district court's dismissal of plaintiff's claim; with respect to
plaintiff's appeal of sanctions, the district court acted within the scope
of its informed discretion by relying on its inherent power to make a
remedial award of attorneys' fees as a sanction against plaintiff because
Federal Rule of Civil Procedure 11 was not "up to the task" in this
situation because of the time frames involved; no error in making an award
of attorneys' fees to defendant under the court's inherent power based on
plaintiff's bad faith; the amount of the sanction was not an abuse of the
district court's discretion and was supported by the material defendant
submitted. Judge Stras, concurring in part and dissenting in part.