§Why CasetextPricing

Muransky v. Godiva Chocolatier, Inc.

REPLY to Response to Motion re Amended MOTION to Require Posting of Appeal Bond re Notice of Appeal, 105 Notice of Appeal

31 Cited authorities

  1. Church v. Accretive Health, Inc.

    654 F. App'x 990 (11th Cir. 2016)   Cited 166 times   11 Legal Analyses
    Holding that not receiving information to which one is statutorily entitled is a "concrete" injury

  2. Azizian v. Federated

    243 F. App'x 311 (9th Cir. 2007)   Cited 85 times
    Holding “that the term ‘costs on appeal’ in Rule 7 includes all expenses defined as ‘costs' by an applicable fee-shifting statute, including attorney's fees”

  3. Adsani v. Miller

    139 F.3d 67 (2d Cir. 1998)   Cited 103 times
    Holding that "Hirschensohn does not address the case where . . . an independent federal statute explicitly authorizes attorney's fees 'as part of the costs' both at trial and upon appeal . . . ."

  4. Pedraza v. United Guar. Corp.

    313 F.3d 1323 (11th Cir. 2002)   Cited 80 times
    Holding that an appellate cost bond imposed under Rule 7 may include anticipated attorney's fees on appeal if the statute through which the plaintiff prevailed in the district court awards attorney's fees to the prevailing party as part of the costs

  5. Young v. New Process Steel, LP

    419 F.3d 1201 (11th Cir. 2005)   Cited 50 times
    Holding that "[w]e decide ‘pure law’ issues de novo , which is another way of saying that a ruling based on an error of law is an abuse of discretion."

  6. Sams v. Aktiengesellschaft

    391 F.3d 812 (6th Cir. 2004)   Cited 47 times
    Holding that attorney's fees can constitute costs under Rule 7 where the statute governing the underlying cause of action defines costs to include attorney's fees

  7. In re Initial Public Offering Securities Litigation

    728 F. Supp. 2d 289 (S.D.N.Y. 2010)   Cited 29 times
    Holding that appeal bond was warranted because "professional objectors undermine the administration of justice by disrupting settlement in the hopes of extorting a greater share of the settlement for themselves and their clients."

  8. Tennille v. W. Union Co.

    774 F.3d 1249 (10th Cir. 2014)   Cited 23 times
    Holding that absent a rule or statute permitting plaintiffs to recover such costs, an appeal bond cannot cover the cost of notifying class members of objectors' appeals and the cost of maintaining the settlement during the pendency of the appeals

  9. Guarisma v. Microsoft Corp.

    209 F. Supp. 3d 1261 (S.D. Fla. 2016)   Cited 21 times   4 Legal Analyses
    Holding that defendant's violation of FACTA by printing the first six and last four digits of a credit card account number on a receipt constituted a "concrete injury in and of itself" absent any additional showing of harm

  10. Altman v. White House Black Mkt., Inc.

    CIVIL ACTION NO. 1:15-cv-2451-SCJ (N.D. Ga. Jul. 13, 2016)   Cited 14 times   1 Legal Analyses
    Holding that, through the enactment of FACTA, Congress created a substantive right to receive a truncated card receipt, the invasion of which constitutes a concrete injury

  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 347,669 times   925 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 62 - Stay of Proceedings to Enforce a Judgment

    Fed. R. Civ. P. 62   Cited 4,143 times   14 Legal Analyses
    Granting of stay is discretionary

  13. Rule 38 - Frivolous Appeal-Damages and Costs

    Fed. R. App. P. 38   Cited 2,652 times   14 Legal Analyses
    Allowing the court to award damages and costs for a frivolous appeal upon "a separately filed motion"

  14. Rule 8 - Stay or Injunction Pending Appeal

    Fed. R. App. P. 8   Cited 1,400 times   6 Legal Analyses
    Referring to interim relief from “the judgment or order of a district court pending appeal” as “a stay”

  15. Form 7 - Declaration of Inmate Filing

    Fed. R. App. P. 7   Cited 228 times   2 Legal Analyses

    ______________________________________________ [insert name of court; for example, United States District Court for the District of Minnesota] A.B., Plaintiff v. }Case No.________ C.D., Defendant I am an inmate confined in an institution. Today, ________ [insert date], I am depositing the ________ [insert title of document; for example, "notice of appeal"] in this case in the institution's internal mail system. First-class postage is being prepaid either by me or by the institution on my behalf.