§Why CasetextPricing

Mirabilis Ventures, Inc. et al v. Palaxar Group, LLC et al

RESPONSE in opposition re MOTION for sanctions and Incorporated Memorandum of Law

8 Cited authorities

  1. Business Guides v. Chromatic Comm. Enterprises

    498 U.S. 533 (1991)   Cited 901 times
    Holding that Federal Rule of Civil Procedure 11 was not a fee-shifting provision because Rule 11 sanctions were not “tied to the outcome of litigation,” instead turning on whether a “specific filing” was well founded, and shifted the costs of a “discrete” portion of the litigation rather than the litigation as a whole

  2. Baker v. Alderman

    158 F.3d 516 (11th Cir. 1998)   Cited 258 times   1 Legal Analyses
    Holding that a court should take into account a party's ability to pay when determining the amount of monetary sanctions to be awarded

  3. Massengale v. Ray

    267 F.3d 1298 (11th Cir. 2001)   Cited 137 times
    Holding that a district court cannot order a violating party to pay a pro se litigant a reasonable attorney's fee as part of a Rule 11 sanction

  4. Worldwide Primates, Inc. v. McGreal

    87 F.3d 1252 (11th Cir. 1996)   Cited 156 times
    Affirming sanctions on an attorney who accepted his client's assertions without questioning the client about damages, obtaining or examining any data, or contacting a third party who could shed light on the claim's validity

  5. Pickholtz v. Rainbow Technologies, Inc.

    284 F.3d 1365 (Fed. Cir. 2002)   Cited 102 times   1 Legal Analyses
    Holding that "the inherent power can be used to shift attorney fees when there has been ... conduct that is in bad faith, vexatious, wanton, or for oppressive reasons"

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

    Fed. R. Civ. P. 11   Cited 35,772 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  7. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,833 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  8. Section 607.0830 - General standards for directors

    Fla. Stat. § 607.0830   Cited 10 times   6 Legal Analyses

    (1) Each member of the board of directors, when discharging the duties of a director, including in discharging his or her duties as a member of a board committee, must act: (a) In good faith; and (b) In a manner he or she reasonably believes to be in the best interests of the corporation. (2) The members of the board of directors or a board committee, when becoming informed in connection with a decisionmaking function or devoting attention to an oversight function, shall discharge their duties with