Legal Opinion
New England Surfaces v. E.I. Dupont De Nemours & Co.
District Court, D. Maine
Decided June 3, 2008No. Civil 06-89-P-HPublishedCited by 9 opinions
1Opinion of the Court
D. BROCK HORNBY, District Judge.
If a party does not use Rule 11 or Rule 37 to seek sanctions against its opponent during the course of a lawsuit, can it recover sanctions for litigation misconduct at the close of the case under 28 U.S.C. § 1927 or the court’s inherent power? Theoretically yes. But I conclude that if the Rules and statute are “up to the task” of dealing with the alleged abuses (and they are here), the court’s inherent power should not be used; and that the movant has not met its burden of proof under § 1927 to show “vexatious” conduct. After oral argument, the defendant…
2Cases cited20 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- In Re Matter of Stephen Yagman, Jerry Brown and Gerry Fleischer v. Michael Baden and Sidney WeinbergCourt of Appeals for the Ninth Circuit · 1986
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3Cited by9 opinions
- Jack Henry & Associates, Inc. v. BSC, INC.District Court, E.D. Kentucky · 2010
- Castellanos Group Law Firm, L.L.C. v. Federal Deposit Insurance (In re MJS Las Croabas Properties, Inc.)Bankruptcy Appellate Panel of the First Circuit · 2016
- Madoff v. Amaral (In re Amaral)United States Bankruptcy Court, D. Massachusetts · 2017
- Joel B. Rothman v. A Shoc Beverage, LLCCourt of Appeals for the Eleventh Circuit · 2025
- Surgifix Inc v. First Medical Health Plan, Inc.United States Bankruptcy Court, D. Puerto Rico · 2019
4 more not listed; retrieve them via the Exa API.