Kothe v. Smith
United States Court of Appeals for the Second Circuit
771 F.2d 667 (1985)
Patricia Kothe (plaintiff) sued four doctors and a hospital in the United States District Court for the Southern District of New York for medical malpractice. The defendants included Dr. James Smith (defendant) who was represented by his malpractice insurance carrier. During a pretrial conference, Judge Sweet, who was presiding over the case, informed the parties that he expected them to conduct serious settlement negotiations and that the case should ultimately settle for $20,000 to $30,000. Judge Sweet also made it clear that he would impose sanctions on any party that settled after trial began for an amount between $20,000 and $30,000. The parties settled for $20,000 after the first day of trial. Judge Sweet levied sanctions against Dr. Smith alone. Judge Sweet based his ruling in part on a desire to punish Dr. Smith’s insurance carrier for failing to settle cases in a prompt manner. Dr. Smith appealed the sanctions.
Rule of Law
Holding and Reasoning (Van Graafeiland, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 170,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.