§Why CasetextPricing

Holland v. Cerberus Capital Management LP et al

MEMORANDUM OF LAW re Response to Motion, on behalf of TD Auto Finance LLC and Kimberly Johnson

23 Cited authorities

  1. Cooter Gell v. Hartmarx Corp.

    496 U.S. 384 (1990)   Cited 4,188 times   6 Legal Analyses
    Holding that it is necessarily an abuse of discretion to apply the wrong legal standard

  2. Lee v. Clinton

    209 F.3d 1025 (7th Cir. 2000)   Cited 2,517 times
    Holding that a frivolous suit is, by definition, not taken in good faith for purposes of leave to proceed in forma pauperis

  3. Fink v. Gomez

    239 F.3d 989 (9th Cir. 2001)   Cited 918 times
    Holding sanctions can be imposed for recklessness "coupled with an improper purpose"

  4. Lewis v. Downey

    581 F.3d 467 (7th Cir. 2009)   Cited 672 times
    Holding that it was clearly unconstitutional in 2006 to tase prisoners maliciously and sadistically in the circumstances alleged

  5. In re Catt

    368 F.3d 789 (7th Cir. 2004)   Cited 496 times
    Holding that damages awarded in a default judgment must be ascertained "with reasonable certainty"

  6. Murray v. GMAC Mortgage Corp.

    434 F.3d 948 (7th Cir. 2006)   Cited 273 times   5 Legal Analyses
    Holding an "unconstitutionally excessive [award] may be reduced"

  7. Ball v. City of Chicago

    2 F.3d 752 (7th Cir. 1993)   Cited 370 times
    Holding "there must be an explicit warning before the case is dismissed" for failure to prosecute

  8. Corley v. Rosewood Care Center, Inc. of Peoria

    388 F.3d 990 (7th Cir. 2004)   Cited 245 times
    Holding that where the defendant discontinued a promised program ninth months after the plaintiff contracted, the discontinuation alone provided "literally no evidence of fraudulent intent" because the defendant "did in fact operate the ... program for a substantial period of time before terminating it"

  9. Doering v. Un. Cty. Bd. of Chosen Freeholders

    857 F.2d 191 (3d Cir. 1988)   Cited 388 times
    Affirming the imposition of sanctions, but vacating the amount of monetary sanctions imposed and remanded for further evidence. The court noted that the plaintiff's attorney was a sole practitioner who had requested mitigation of sanctions in the district court and stated at oral argument that he had limited financial resources, but that the record was devoid of any evidence relevant to such an inquiry

  10. Mars Steel Corp. v. Continental Bank N.A.

    880 F.2d 928 (7th Cir. 1989)   Cited 377 times
    Holding that Rule 23(e) fairness hearings are not exempt

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,084 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  15. Rule 83 - Rules by District Courts; Judge's Directives

    Fed. R. Civ. P. 83   Cited 1,044 times   3 Legal Analyses
    Granting authority to District Court to adopt local rules