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Strojnik v. Costar Realty Information, Inc. et al

RESPONSE in Opposition re MOTION for Attorney Fees and Expenses

23 Cited authorities

  1. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,399 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"

  2. Gasperini v. Center for Humanities, Inc.

    518 U.S. 415 (1996)   Cited 2,372 times
    Holding that district courts have the "primary responsibility" for applying the state-law excessiveness standard because they have "the unique opportunity to consider the evidence in the living courtroom context, while appellate judges see only the cold paper record." (cleaned up)

  3. Crawford Fitting Co. v. J. T. Gibbons, Inc.

    482 U.S. 437 (1987)   Cited 2,748 times   4 Legal Analyses
    Holding district courts are "bound by the limitations" established by § 1920 and that costs not enumerated under that section are not taxable

  4. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,666 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  5. Kona Enterprises, Inc. v. Estate of Bishop ex rel. Peters

    229 F.3d 877 (9th Cir. 2000)   Cited 2,794 times   1 Legal Analyses
    Holding that a motion for reconsideration "may not be used to raise arguments or present evidence for first time when they could reasonably have been raised earlier in the litigation"

  6. Burlington Northern R. Co. v. Woods

    480 U.S. 1 (1987)   Cited 356 times   1 Legal Analyses
    Holding a conflict exists where, "when fairly construed, the scope of [a Rule] is ‘sufficiently broad’ to cause a ‘direct collision’ with the state law or, implicitly, to ‘control the issue’ before the court, thereby leaving no room for the operation of that law"

  7. In re Keegan Management, Securities Litigation

    78 F.3d 431 (9th Cir. 1996)   Cited 531 times
    Holding § 1927 sanctions "must be supported by a finding of subjective bad faith"

  8. Zaldivar v. City of Los Angeles

    780 F.2d 823 (9th Cir. 1986)   Cited 577 times   1 Legal Analyses
    Holding that Rule 11 "does not repeal or modify existing authority of federal courts to deal with abuses of counsel under 28 U.S.C. § 1927"

  9. Matter of Yagman

    796 F.2d 1165 (9th Cir. 1986)   Cited 346 times   1 Legal Analyses
    Holding that discovery abuses cannot be sanctioned under Rule 11

  10. MSR Exploration, Ltd. v. Meridian Oil, Inc.

    74 F.3d 910 (9th Cir. 1996)   Cited 216 times   1 Legal Analyses
    Holding that a malicious prosecution action originally filed in federal court was "completely preempted by the structure and purpose of the Bankruptcy Code"

  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,797 times   147 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Section 1920 - Taxation of costs

    28 U.S.C. § 1920   Cited 12,876 times   93 Legal Analyses
    Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States

  13. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,956 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

  14. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,754 times   740 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  15. Section 12-341.01 - Recovery of attorney fees

    Ariz. Rev. Stat. § 12-341.01   Cited 2,648 times   16 Legal Analyses
    Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract

  16. Section 44-1372 - Definitions

    Ariz. Rev. Stat. § 44-1372

    In this article, unless the context otherwise requires: 1. "Commercial electronic mail" means electronic mail sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services. 2. "Electronic mail" means an electronic message, executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks

  17. Rule 82 - Attorney's Fees

    Alaska R. Civ. P. 82   Cited 531 times

    (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule. (b)Amount of Award. (1) The court shall adhere to the following schedule in fixing the award of attorney's fees to a party recovering a money judgment in a case: Judgment and, If Awarded, Prejudgment Interest Contested With Trial Contested Without Trial Non Contested First $25,000 20% 18% 10% Next $75,000