§Why CasetextPricing

Valentini et al v. Citigroup, Inc. et al

MEMORANDUM OF LAW in Support re: 51 MOTION for Sanctions.. Document

26 Cited authorities

  1. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,197 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. Nat'l Hockey League v. Met. Hockey Club

    427 U.S. 639 (1976)   Cited 2,761 times   2 Legal Analyses
    Holding that dismissal was proper sanction under Rule 37 where respondents failed to answer interrogatories for seventeen months

  3. Southern New England Telephone v. Global Naps

    390 F. App'x 44 (2d Cir. 2010)   Cited 711 times   1 Legal Analyses
    Holding that "a clear statement from Congress is required before we conclude that a statute withdraws the original jurisdiction of the district courts"

  4. Residential Funding Corp. v. Degeorge Financial

    306 F.3d 99 (2d Cir. 2002)   Cited 872 times   33 Legal Analyses
    Holding evidence of bad faith or gross negligence that satisfies the culpable-state-of-mind requirement is also usually sufficient to satisfy the relevance requirement

  5. Kronisch v. U.S.

    150 F.3d 112 (2d Cir. 1998)   Cited 857 times   3 Legal Analyses
    Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."

  6. Agiwal v. Mid Island Mortgage Corp.

    555 F.3d 298 (2d Cir. 2009)   Cited 525 times
    Holding that it was appropriate for the district court to default the defendant after he failed to comply with discovery orders for a "span of approximately six months"

  7. DLC Management Corp. v. Town of Hyde Park

    163 F.3d 124 (2d Cir. 1998)   Cited 543 times
    Holding that defendants' "conscious disregard of their discovery obligations . . . amount to the bad faith required to impose sanctions"

  8. Cine Forty-Second Street Theatre Corp. v. Allied Artists Pictures Corp.

    602 F.2d 1062 (2d Cir. 1979)   Cited 472 times
    Holding that a plaintiff's grossly negligent failure to produce discovery justified the preclusion of all evidence related to damages, even though that sanction was "tantamount to a dismissal" of plaintiff's claim

  9. Enmon v. Prospect Capital Corp.

    675 F.3d 138 (2d Cir. 2012)   Cited 159 times
    Holding that "sanctions may be warranted even where bad-faith conduct does not disrupt the litigation before the sanctioning court"

  10. Selletti v. Carey

    173 F.3d 104 (2d Cir. 1999)   Cited 99 times
    Holding that defendants' costs and attorneys' fees are potentially recoverable under the Copyright Act

  11. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 45,850 times   319 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

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

    Fed. R. Civ. P. 11   Cited 35,740 times   140 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,657 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

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

    28 U.S.C. § 1927   Cited 8,830 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