13 Cited authorities

Chambers v. Nasco, Inc.
501 U.S. 32 (1991) Cited 9,640 times 14 Legal Analyses
Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"
Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,151 times 7 Legal Analyses
Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
Byrne v. Nezhat
261 F.3d 1075 (11th Cir. 2001) Cited 957 times 2 Legal Analyses
Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case
Amlong Amlong v. Denny's
500 F.3d 1230 (11th Cir. 2006) Cited 360 times
Holding that a district court must hold a new hearing in order to reject a magistrate judge's credibility findings unless “there is an articulable basis for rejecting the magistrate's original resolution of credibility.”
In re Silica Products Liability Litigation
398 F. Supp. 2d 563 (S.D. Tex. 2005) Cited 86 times
Finding egregious misjoinder of claims by plaintiffs who were exposed to silica in different jobs with different equipment
Murray v. Playmaker Servs., LLC
548 F. Supp. 2d 1378 (S.D. Fla. 2008) Cited 22 times
Providing that the FLSA " directs district courts to award reasonable attorney's fees and costs to a plaintiff, in addition to any judgment received"
Schuurman v. Motor Vessel Betty K V
798 F.2d 442 (11th Cir. 1986) Cited 48 times
Holding that a plaintiff who chooses to appeal before the expiration of the time allowed for amendment waives the right to later amend the complaint
Rodriguez v. Marble Care Int'l, Inc.
863 F. Supp. 2d 1168 (S.D. Fla. 2012) Cited 10 times
In Rodriguez v. Marble Care Int'l, Inc., 863 F. Supp. 2d 1168 (S.D. Fla. 2012), the same lawyers who appear for Plaintiff here were sanctioned for failing to engage in proper pre- and post-suit investigation, resulting in the filing and maintenance of a frivolous FLSA case.
Murray v. Playmaker Servs
325 F. App'x 873 (11th Cir. 2009) Cited 7 times
Affirming fees award against Plaintiff's counsel in FLSA case and noting that it would not consider argument that the district court should have held an evidentiary hearing because the argument was not made to the district court
Hicks v. Arthur
891 F. Supp. 213 (E.D. Pa. 1995) Cited 13 times
Holding that "[bad faith] can be demonstrated either by showing an ulterior motive, or misconduct such as knowingly using perjured testimony, citing as binding authority overruled or non-binding cases, or otherwise misrepresenting facts or law to the court."
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 117,786 times 203 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 43,352 times 146 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 1927 - Counsel's liability for excessive costs
28 U.S.C. § 1927 Cited 9,078 times 82 Legal Analyses
Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Company, et al

13 Cited authorities

Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

Holding that a district court must hold a new hearing in order to reject a magistrate judge's credibility findings unless “there is an articulable basis for rejecting the magistrate's original resolution of credibility.”

Finding egregious misjoinder of claims by plaintiffs who were exposed to silica in different jobs with different equipment

Providing that the FLSA " directs district courts to award reasonable attorney's fees and costs to a plaintiff, in addition to any judgment received"

Holding that a plaintiff who chooses to appeal before the expiration of the time allowed for amendment waives the right to later amend the complaint

In Rodriguez v. Marble Care Int'l, Inc., 863 F. Supp. 2d 1168 (S.D. Fla. 2012), the same lawyers who appear for Plaintiff here were sanctioned for failing to engage in proper pre- and post-suit investigation, resulting in the filing and maintenance of a frivolous FLSA case.

Affirming fees award against Plaintiff's counsel in FLSA case and noting that it would not consider argument that the district court should have held an evidentiary hearing because the argument was not made to the district court

Holding that "[bad faith] can be demonstrated either by showing an ulterior motive, or misconduct such as knowingly using perjured testimony, citing as binding authority overruled or non-binding cases, or otherwise misrepresenting facts or law to the court."

Holding that such dismissal "operates as an adjudication on the merits"

Holding party seeking fees may additionally seek "nontaxable expenses"

Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct