35 Cited authorities

  1. McCready v. eBay, Inc.

    453 F.3d 882 (7th Cir. 2006)   Cited 580 times
    Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense
  2. Storey v. Cello Holdings, L.L.C

    347 F.3d 370 (2d Cir. 2003)   Cited 311 times
    Holding that "as a term of art, we give [courts of competent jurisdiction] its plain meaning, namely a court that has jurisdiction to hear the claim brought before it"
  3. Ario v. Underwriting Members of Syndicate 53 at Lloyds

    618 F.3d 277 (3d Cir. 2010)   Cited 193 times   6 Legal Analyses
    Holding an arbitration award is irrational when it cannot be supported "on any theory of relief"
  4. In re Pennie & Edmonds LLP

    323 F.3d 86 (2d Cir. 2003)   Cited 206 times
    Holding that, where sanctions are "initiated by the District Court long after [the party] ha an opportunity to correct or withdraw the challenged submission . . . a 'bad faith' standard, applicable for contempt proceedings, is especially appropriate . . . ."
  5. Roth v. Green

    466 F.3d 1179 (10th Cir. 2006)   Cited 171 times
    Holding that district court did not abuse its discretion when finding that plaintiffs' attorney violated Rule 11 because there were "a host of legal impediments to [plaintiffs] prevailing on their claims," including that "the majority of the defendants had, at best, only tangential relationships to" plaintiffs' claims and plaintiffs' counsel ignored controlling precedent
  6. Margo v. Weiss

    213 F.3d 55 (2d Cir. 2000)   Cited 197 times
    Holding that criminal procedure protections were not required because, in contrast to Mackler, the district court's award of fees "was meant to compensate the defendants for the extra costs, including legal fees, created by the plaintiffs' unreasonable conduct, and as such the fees were payable to the defendants."
  7. Simon Debartolo Group v. Jacobs Group

    186 F.3d 157 (2d Cir. 1999)   Cited 188 times
    Holding that when a plaintiff's Rule 10b-5 claims pertain to its status as a tender offeror, alleged injuries related to its status as a shareholder were not relevant
  8. Rodick v. City of Schenectady

    1 F.3d 1341 (2d Cir. 1993)   Cited 198 times
    Holding that the trial court's failure to instruct the jury that the defendants were jointly and severally liable for any compensatory damages awarded, combined with a verdict sheet placing separate entries next to each officer's name, "was an invitation to the jury to come up with an erroneous damage calculation"
  9. Caisse Nationale de Credit Agricole-CNCA v. Valcorp, Inc.

    28 F.3d 259 (2d Cir. 1994)   Cited 164 times
    Holding that district court does not abuse discretion in deciding sanctions motion unless it based its ruling on erroneous view of law or clearly erroneous assessment of evidence
  10. Katzman v. Victoria's Secret Catalogue

    167 F.R.D. 649 (S.D.N.Y. 1996)   Cited 130 times
    Holding that a failure to allege an investment injury bars a Section 1962 claim
  11. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 292,093 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,312 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,040 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,266 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  15. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,745 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  16. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,330 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
  17. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,214 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
  18. Section 2707 - Civil action

    18 U.S.C. § 2707   Cited 458 times   19 Legal Analyses
    Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"
  19. Section 2702 - Voluntary disclosure of customer communications or records

    18 U.S.C. § 2702   Cited 346 times   24 Legal Analyses
    Restricting use of Internet subscriber information without consent
  20. Section 1524.2 - Search warrant for records in possession of foreign corporation that provides electronic communication services or remote computing services

    Cal. Pen. Code § 1524.2   Cited 8 times   1 Legal Analyses

    (a)As used in this section, the following terms have the following meanings: (1)The terms "electronic communication services" and "remote computing services" shall be construed in accordance with the Electronic Communications Privacy Act of 1986 in Chapter 121 (commencing with Section 2701) of Part I of Title 18 of the United States Code. This section does not apply to corporations that do not provide those services to the general public. (2)An "adverse result" occurs when notification of the existence