Legal Opinion
David M. Fink v. James H. Gomez, Director, Diana Carloni Nourse
Court of Appeals for the Ninth Circuit
Decided February 8, 2001No. 99-56139PublishedCited by 441 opinions
1Opinion of the Court
McKEOWN, Circuit Judge:
We must decide whether, as a matter of law, a district court has authority under its inherent power to impose sanctions when an attorney has made reckless misstatements of law and fact, and has done so for an improper purpose. We conclude that it does have the authority and thus reverse and remand so that the district court may exercise its discretion to determine whether sanctions are appropriate.
BACKGROUND
This appeal involves the intersection of two different actions brought by David M. Fink. Both cases stem from a 1993 altercation between Fink and several guards at…
2Cases cited11 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
- Stephen Yagman v. Republic Insurance Cna Insurance Valley Forge InsuranceCourt of Appeals for the Ninth Circuit · 1993
- PRIMUS AUTOMOTIVE FINANCIAL SERVICES, INC., Plaintiff-Appellee, v. Rudolph A. BATARSE, Defendant, Jan C. Nielsen, AppellantCourt of Appeals for the Ninth Circuit · 1997
6 more not listed; retrieve them via the Exa API.
3Cited by441 opinions
- B.K.B., Plaintiff-Appellant-Cross-Appellee v. Maui Police Department, County of Maui, County of Maui, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2002
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- Gomez v. VernonCourt of Appeals for the Ninth Circuit · 2001
- Christian v. Mattel, Inc.Court of Appeals for the Ninth Circuit · 2002
- Catherine Evon v. Law Offices of Sidney MickellCourt of Appeals for the Ninth Circuit · 2012
436 more not listed; retrieve them via the Exa API.