Legal Opinion

John P. Deluca v. Long Island Lighting Company, Inc.

Court of Appeals for the Second Circuit

Decided December 2, 1988No. 19-3516PublishedCited by 60 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This case raises the issue of whether we have appellate jurisdiction to review a judgment imposing Fed.R.Civ.P. 11 sanctions on an attorney when the notice of appeal is in the name of the client only. We conclude that we do not. We affirm the district court’s denial of a Rule 60(b) motion, and sua sponte order the attorney to show cause why sanctions should not be imposed under Fed.R.App.P. 38.

BACKGROUND

We begin by noting that this case is on its third trip to this court. The action started when plaintiff John P. DeLuea sued defendant Long Island Lighting Company, Inc.…

2Cases cited8 opinions

Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
Braley v. CampbellCourt of Appeals for the Tenth Circuit · 1987
In Re International Business MacHines Corporation, United States of America v. International Business MacHines CorporationCourt of Appeals for the Second Circuit · 1980
Calloway v. Marvel Entertainment GroupCourt of Appeals for the Second Circuit · 1988
Pepsico, Inc., and Wilson Sporting Goods Co. v. Honorable Thomas R. McMillen Judge, United States District Court for the Northern District of IllinoisCourt of Appeals for the Seventh Circuit · 1985

3 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

Gallop v. CheneyCourt of Appeals for the Second Circuit · 2011
United States v. DiazCourt of Appeals for the Second Circuit · 1999
United States v. Michael Lovaglia, Martin Clune and Peter PavlisakCourt of Appeals for the Second Circuit · 1992
United States v. DiazCourt of Appeals for the Second Circuit · 1999
Michael L. Agee, Doing Business as L&h Records v. Paramount Communications Inc., Paramount Pictures, Paramount Television Group, Adams Tv Corp. IICourt of Appeals for the Second Circuit · 1997

55 more not listed; retrieve them via the Exa API.