Smith v. Psychiatric Solutions, Inc., et al., No. 13-12785 (11th Cir. 2014)Annotate this Case
This appeal concerned a fee dispute that arose between the parties after the underlying case was resolved on the merits. The court concluded that the district court's decision to award defendants attorneys' fees under the Florida Whistle-Blower Act (FWA), Fla. Stat. 448.102, was within its discretion; the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1514A, provided no obstacle to the exercise of that discretion because the federal statute did not preempt the FWA's fee provision; and the district court did not abuse its discretion in awarding defendants' fees for the costs they incurred opposing the Rule 11 motion, nor did it abuse its discretion in denying plaintiff the opportunity to seek 28 U.S.C. 1927 sanctions 21 months after the deadline for fee motions had passed. Accordingly, the court affirmed the judgment of the district court.