Legal Opinion

Edwards v. General Motors Corp.

Court of Appeals for the Fifth Circuit

Decided September 11, 1998No. 97-11190PublishedCited by 75 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

This appeal of attorney sanctions requires us to decide whether a district court may sanction an attorney for filings made in state court prior to removal. Because we conclude that district courts are not authorized to do so, we reverse that portion of the award that is based on pre-removal conduct. Because, however, the sanctioned attorney continued to maintain her case in federal court long after she realized it had no merit, we affirm that portion of the award that is based on her vexatious multiplication of the proceedings.

I

Plaintiff William Edwards was…

2Cases cited11 opinions

  1. Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
  2. Richard Worthington, Plaintiff-Appellant/cross-Appellee v. Dave Wilson and Jeff Wall, and Village of Peoria Heights, Defendant/cross-AppellantCourt of Appeals for the Seventh Circuit · 1993
  3. Michael K. Topalian, Roy Jacobs, Jr., Richard H. Manuel, and Bobby W. McDonald and Armando Lopez v. John N. Ehrman, Etc.Court of Appeals for the Fifth Circuit · 1993
  4. Boyce W. Childs v. State Farm Mutual Automobile Insurance Company v. Bruce C. Waltzer, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1994
  5. Travelers Insurance v. St. Jude Hospital of Kenner, La., Inc.Court of Appeals for the Fifth Circuit · 1994

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3Cited by75 opinions

  1. Procter & Gamble Co v. Amway Corporation, eCourt of Appeals for the Fifth Circuit · 2002
  2. Jenkins v. Methodist Hospitals of Dallas, Inc.Court of Appeals for the Fifth Circuit · 2007
  3. Conner v. Travis CountyCourt of Appeals for the Fifth Circuit · 2000
  4. In Re GirardiCourt of Appeals for the Ninth Circuit · 2010
  5. In Re Silica Products Liability LitigationDistrict Court, S.D. Texas · 2005

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