Kothe v. Smith

Kothe v. Smith
United States Court of Appeals, Second Circuit, 1985.
771 F.2d 667.

Facts: Kothe brought a malpractice suit against four defendants; three settled out of court. The judge tried to coerce the parties into settling before it reached court by threatening a fine if they settled during trial for an amount similar to the amount he named. They settled during the trial, and the judge fined defendant Smith.

Procedure: District (trial) court directed the defendant to pay $1k to the plaintiff-appellee's attorney, $1k to the p-a's medical witness, and $480 to the clerk of the court. Defendant appealed.

Issue: Can the judge coerce council/litigants?

Holding: No.

Reasoning: There is a rule that tries to encourage settlement outside of court, but this is not what they meant. Furthermore, case law indicates that pressure tactics are in no way permissible.