Legal Opinion
Federal Deposit Insurance v. Calhoun
Court of Appeals for the Fifth Circuit
Decided October 14, 1994No. 93-01175PublishedCited by 93 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The Federal Deposit Insurance Corporation (“FDIC”) and its once outside counsel, John Gilliam, Ray Guy, and Cathy Ries (“outside counsel”), appeal the imposition of sanctions under Fed.R.CivP. 11 and 28 U.S.C. § 1927. Because we find that the district court abused its discretion by imposing these sanctions, we reverse, 148 F.R.D. 160.
I
The factual basis of this suit begins with a losing case that the FDIC and its outside counsel attempted to bring against Trinity-Western Title Company (“Trinity-Western”). As the facts of that case are necessary to evaluate the…
2Cases cited18 opinions
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- D'Oench, Duhme & Co. v. Federal Deposit InsuranceSupreme Court of the United States · 1942
- O'Melveny & Myers v. Federal Deposit InsuranceSupreme Court of the United States · 1994
- Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
- Frederick Lawrence White, Jr. Benjamin L. Staponski, Jr., and Gwen G. Caranchini v. General Motors Corporation, Inc.Court of Appeals for the Tenth Circuit · 1990
13 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Meadowbriar Home for Children, Inc. v. GunnCourt of Appeals for the Fifth Circuit · 1996
- James Jay Ball, Debtor-Appellant v. A.O. Smith Corporation, Creditor-AppelleeCourt of Appeals for the Second Circuit · 2006
- Renetta M. Miera v. Dairyland Insurance CompanyCourt of Appeals for the Tenth Circuit · 1998
- Procter & Gamble Co v. Amway Corporation, eCourt of Appeals for the Fifth Circuit · 2002
- Elliott v. TiltonCourt of Appeals for the Fifth Circuit · 1995
88 more not listed; retrieve them via the Exa API.