Coopers Lybrand v. Livesay
437 U.S. 463 (1978) Cited 2,815 times 32 Legal AnalysesHolding interlocutory orders appealable if they: "conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment."
Cohen v. Beneficial Loan Corp.
337 U.S. 541 (1949) Cited 7,655 times 7 Legal AnalysesHolding that § 1291 permits appeals from certain decisions "collateral to rights asserted in the action," even when there's no final judgment
Schlaifer Nance Co., Inc. v. Est. of Warhol
194 F.3d 323 (2d Cir. 1999) Cited 493 timesHolding that a motion describing the sanctionable conduct and the source of authority for the sanction provided notice
Locurto v. Safir
264 F.3d 154 (2d Cir. 2001) Cited 396 timesHolding that an interlocutory appeal is permitted from the denial of immunity at the motion to dismiss phase, even when it is without prejudice, because such a denial is "conclusive with regard to a defendant's right to avoid pre-trial discovery, so long as the validity of the denial of the . . . immunity defense can be decided as a matter of law in light of the record on appeal"
United States v. Indrelunas
411 U.S. 216 (1973) Cited 216 timesHolding that separate document requirement of Rule 58 is mandatory
U.S. v. Schaefer Brewing Co.
356 U.S. 227 (1958) Cited 187 times 1 Legal AnalysesHolding that a district court opinion setting the amount of the refund was not a final judgment where "the action also sought recovery of interest ... from the date of payment to the date of judgment" and the district court's "opinion does not state the date or dates of payment and, hence, did not state facts necessary to compute the amount of interest to be included in the judgment"
Calloway v. Marvel Entertainment Group
854 F.2d 1452 (2d Cir. 1988) Cited 178 timesHolding that Rule 11 sanctions may be imposed upon a represented party when the party "had actual knowledge that filing the paper constituted wrongful conduct, e.g. the paper made false statements or was filed for an improper purpose."
Muhammad v. Walmart Stores E., L.P.
732 F.3d 104 (2d Cir. 2013) Cited 50 timesHolding that "the 21-day safe harbor does not apply [when sanctions are initiated by a court sua sponte] and the court may impose sanctions without providing opportunity to withdraw the misstatement."
Weinstock v. Cleary, Gottlieb, Steen Hamilton
16 F.3d 501 (2d Cir. 1994) Cited 85 timesFinding that ignorance of Federal Rule did not constitute excusable neglect
Rinieri v. News Syndicate Co.
385 F.2d 818 (2d Cir. 1967) Cited 171 timesHolding that the motion was filed too late
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,946 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 88,806 times 139 Legal AnalysesGranting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 53,633 times 146 Legal AnalysesGranting relief from the operation of a judgment
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,225 times 141 Legal AnalysesHolding party seeking fees may additionally seek "nontaxable expenses"
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,813 times 143 Legal AnalysesHolding an "unrepresented party" to the same standard as an attorney
Section 1988 - Proceedings in vindication of civil rights
42 U.S.C. § 1988 Cited 21,803 times 43 Legal AnalysesFinding that 28 U.S.C. § 1920 defines the term "costs" as used in Rule 54(d) and enumerates the expenses that a federal court may tax as a cost under the discretionary authority granted in Rule 54(d)
Rule 58 - Entering Judgment
Fed. R. Civ. P. 58 Cited 18,407 times 9 Legal AnalysesRecognizing that, after a jury verdict, the Court must enter judgment "in a separate document"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,043 times 47 Legal AnalysesRecognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1927 - Counsel's liability for excessive costs
28 U.S.C. § 1927 Cited 8,839 times 81 Legal AnalysesGranting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct
Rule 4 - Appeal as of Right-When Taken
Fed. R. App. P. 4 Cited 6,045 times 2 Legal AnalysesGranting an appeal of right for civil cases where notice of appeal is filed within thirty days after entry of judgment