Chambers v. Nasco, Inc.
501 U.S. 32 (1991) Cited 9,206 times 14 Legal AnalysesHolding 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"
Roadway Express, Inc. v. Piper
447 U.S. 752 (1980) Cited 2,845 times 3 Legal AnalysesHolding 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”
F. D. Rich Co., v. Industrial Lumber Co.
417 U.S. 116 (1974) Cited 971 times 4 Legal AnalysesHolding that a Miller Act requirement that suits be brought in specific federal courts was “merely a venue requirement” that could be waived
Bowden v. United States
106 F.3d 433 (D.C. Cir. 1997) Cited 535 timesHolding that when agency decides a case on the merits without mentioning timeliness, its failure to raise the issue of timeliness in the administrative process may lead to waiver of a timeliness defense
Perales v. Casillas
950 F.2d 1066 (5th Cir. 1992) Cited 230 timesHolding that immigration practice, unlike patent practice, is not a specialty for the purpose of awarding an enhanced rate
F.D.I.C. v. Maxxam
523 F.3d 566 (5th Cir. 2008) Cited 90 times 1 Legal AnalysesAffirming directive that a court should be looking for "objectively ascertainable circumstances that support an inference that a filing . . . caused unnecessary delay"
U.S.S.E.C. v. Zahareas
374 F.3d 624 (8th Cir. 2004) Cited 82 timesHolding that, "[t]he government . . . is not exempt from liability under the EAJA merely because it prevailed at some interim point in the judicial process"
Bradley v. U.S.
866 F.2d 120 (5th Cir. 1989) Cited 123 timesReversing district court's decision not to strike untimely expert designations where opposing party was forced to depose the experts a few days before trial
S.E.C. v. Lyon
529 F. Supp. 2d 444 (S.D.N.Y. 2008) Cited 38 times 2 Legal AnalysesHolding that the SEC alleged facts with requisite specificity to plausibly support its claim that a confidential relationship arose by agreement between the insider and the alleged misappropriator
Walton v. Morgan Stanley Co. Inc.
623 F.2d 796 (2d Cir. 1980) Cited 92 timesRejecting claim that investment bank became fiduciary of target company merely because company's management delivered confidential information and placed its confidence in the bank not to disclose the information; the court applied Delaware law
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,179 times 141 Legal AnalysesHolding party seeking fees may additionally seek "nontaxable expenses"
Section 2412 - Costs and fees
28 U.S.C. § 2412 Cited 28,656 times 22 Legal AnalysesProviding that an EAJA fee motion shall be filed "within thirty days of final judgment"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,016 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 202.5 - Enforcement activities
17 C.F.R. § 202.5 Cited 182 times 8 Legal AnalysesExplaining that "the disposition of any ... matter [in a civil action brought by the SEC] may not, expressly or impliedly, extend to any criminal charges that have been, or may be, brought against any such person" because the SEC does not have the "authority or responsibility," which are "vested in the [DOJ]"