14 Cited authorities

Roadway Express, Inc. v. Piper
447 U.S. 752 (1980) Cited 2,846 times 3 Legal Analyses
Holding that a court may impose attorney's fee sanction against opposing counsel for “abusive litigation practices” only in “narrowly defined circumstances,” including where the court makes a finding that “counsel's conduct ... constituted or was tantamount to bad faith”
B.K.B. v. Maui Police Dept
276 F.3d 1091 (9th Cir. 2002) Cited 962 times
Holding that misconduct committed "in an unreasonable and vexatious manner" that "multiplies the proceedings" violates § 1927
Fjelstad v. American Honda Motor Co.
762 F.2d 1334 (9th Cir. 1985) Cited 318 times
Holding that the district court exceeded its authority in imposing sanction of default for "negligent failures to provide discovery"
New Alaska Development Corp. v. Guetschow
869 F.2d 1298 (9th Cir. 1989) Cited 254 times 2 Legal Analyses
Holding that while a receiver appointed by the court to manage an estate was entitled to judicial immunity from suit claiming mismanagement, receiver was not absolutely immune from allegations that he stole assets or slandered the plaintiff
Intern. Ass'n of Machinists v. Werner-Matsuda
390 F. Supp. 2d 479 (D. Md. 2005) Cited 144 times 4 Legal Analyses
Holding that the CFAA does not proscribe "authorized access for unauthorized or illegitimate purposes"
Zambrano v. City of Tustin
885 F.2d 1473 (9th Cir. 1989) Cited 220 times
Holding that "[a]dmission to the state bar is the essential determinant of professional ethics and legal competence"
Resolution Tr. Corp. v. S. Union Co.
985 F.2d 196 (5th Cir. 1993) Cited 158 times
Holding that the presence of an unprepared 30(b) designee constitutes "no appearance at all"
Wagner v. Dryvit Systems, Inc.
208 F.R.D. 606 (D. Neb. 2001) Cited 120 times 1 Legal Analyses
Holding that "an objection that discovery is overly broad and unduly burdensome must be supported by affidavits or offering evidence revealing the nature of the burden and why the discovery is objectionable. It is not sufficient to simply state that the discovery is overly broad and burdensome..."
Naegele v. Albers
355 F. Supp. 2d 129 (D.D.C. 2005) Cited 58 times
Granting a stay pending arbitration proceedings after finding that claims were “dependent on the outcome of the” dispute being arbitrated, and that “sever[ing] them into separate proceedings” would “frustrate” the “policy reasons for [statutory] mandatory arbitration of fee disputes”
In re Adelphia Communications Corp.
338 B.R. 546 (Bankr. S.D.N.Y. 2005) Cited 14 times
Holding that defendant's stored documents were held in the usual course of business for purposes of Rule 34(b) where the records were kept "pursuant to official directives"
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,925 times 320 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,085 times 126 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Fed. R. Civ. P. 34 Cited 13,130 times 147 Legal Analyses
Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
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

Rafael Town Center Investors, LLC v. The Weitz Company, LLC

14 Cited authorities

Holding that a court may impose attorney's fee sanction against opposing counsel for “abusive litigation practices” only in “narrowly defined circumstances,” including where the court makes a finding that “counsel's conduct ... constituted or was tantamount to bad faith”

Holding that misconduct committed "in an unreasonable and vexatious manner" that "multiplies the proceedings" violates § 1927

Holding that the district court exceeded its authority in imposing sanction of default for "negligent failures to provide discovery"

Holding that while a receiver appointed by the court to manage an estate was entitled to judicial immunity from suit claiming mismanagement, receiver was not absolutely immune from allegations that he stole assets or slandered the plaintiff

Holding that the CFAA does not proscribe "authorized access for unauthorized or illegitimate purposes"

Holding that "[a]dmission to the state bar is the essential determinant of professional ethics and legal competence"

Holding that the presence of an unprepared 30(b) designee constitutes "no appearance at all"

Holding that "an objection that discovery is overly broad and unduly burdensome must be supported by affidavits or offering evidence revealing the nature of the burden and why the discovery is objectionable. It is not sufficient to simply state that the discovery is overly broad and burdensome..."

Holding that defendant's stored documents were held in the usual course of business for purposes of Rule 34(b) where the records were kept "pursuant to official directives"

Holding that a party may be barred from using a witness if it fails to disclose the witness

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

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