Business Guides v. Chromatic Comm. Enterprises
498 U.S. 533 (1991) Cited 903 timesHolding 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
Cal. Arch. Bldg. Prod. v. Franciscan Ceramics
818 F.2d 1466 (9th Cir. 1987) Cited 1,899 timesHolding that futility is a valid reason for denying leave to amend
Eastway Const. Corp. v. City of New York
762 F.2d 243 (2d Cir. 1985) Cited 1,192 timesHolding Fed.R.Civ.P. 11 requires sanctions against "an attorney and/or his client when it appears that a pleading has been interposed for any improper purpose, or where, after reasonable inquiry, a competent attorney could not form a reasonable belief that the pleading is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law."
Oliveri v. Thompson
803 F.2d 1265 (2d Cir. 1986) Cited 919 timesHolding that imposition of sanctions under 28 U.S.C. § 1927 and district court's inherent power requires showing of bad faith
Effects Associates, Inc. v. Cohen
908 F.2d 555 (9th Cir. 1990) Cited 295 times 2 Legal AnalysesHolding that an implied grant of a nonexclusive license to use a copyrighted work precludes a copyright infringement claim
O'Brien v. Alexander
101 F.3d 1479 (2d Cir. 1996) Cited 221 timesHolding that “[s]ince no lawsuit was pending when the alleged representations in question were made ... plaintiff's claim must be dismissed, for section 487 by its terms applies only to statements made to the court or any party to a lawsuit”
Simon Debartolo Group v. Jacobs Group
186 F.3d 157 (2d Cir. 1999) Cited 188 timesHolding 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
Lapidus v. Vann
112 F.3d 91 (2d Cir. 1997) Cited 139 timesHolding that "a sanctioned attorney must receive specific notice of the conduct alleged to be sanctionable and the standard by which that conduct will be assessed, and an opportunity to be heard on that matter"
Cross Cross Properties v. Everett Allied Co.
886 F.2d 497 (2d Cir. 1989) Cited 140 timesNoting that a "late effort to withdraw [the counterclaim] did not resolve the problem if counsel failed to make a reasonable inquiry before the counterclaim was filed"
Gutierrez v. Fox
141 F.3d 425 (2d Cir. 1998) Cited 76 timesHolding that the plaintiff's domicile remained in New Jersey for purposes of a lawsuit filed in 1996, even though as of the filing he " worked in New York, banked in New York, and had a girl friend who lived in New York with whom he stayed from time to time," because he did not form the intent to stay in New York until sometime in 1997
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,047 times 145 Legal AnalysesHolding an "unrepresented party" to the same standard as an attorney
Section 602 - Infringing importation or exportation of copies or phonorecords
17 U.S.C. § 602 Cited 96 times 10 Legal AnalysesProhibiting the importation of copies “the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable”