Legal Opinion

Morris v. Peterson

Court of Appeals for the Tenth Circuit

Decided March 31, 1989No. 85-1931PublishedCited by 6 opinions

1Opinion of the CourtHolloway, Chief Judge

The procedural posture here is complicated but the legal issue is simple: May a district court assess appellate attorney’s fees under either its inherent equitable powers or 28 U.S.C. § 1927 when the application is made in a district court of another district than the one from which the appeal was taken? We hold that under these circumstances a district court may not make such an award and we reverse.

I

In a Colorado state court, appellants Dunlap and Rector filed a legal malpractice action against defendants Peterson and the Kansas law firm of Morris, Laing, Evans, Brock & Kennedy. The…

2Cases cited17 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  3. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  4. Hall v. ColeSupreme Court of the United States · 1973
  5. John C. Shimman v. International Union of Operating Engineers, Local 18Court of Appeals for the Sixth Circuit · 1984

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3Cited by6 opinions

  1. In Re Cardizem Cd Antitrust Litigation. Eugenia Wynne Sams, Plaintif-Appellant, Gordon Ball, Attorney-Appellant v. State Attorneys General State Law State of Tennessee, Hoechst AktiengesellschaftCourt of Appeals for the Sixth Circuit · 2007
  2. Christopher Manion v. American Airlines, Inc., Roy W. KriegerCourt of Appeals for the D.C. Circuit · 2005
  3. Morris v. PetersonCourt of Appeals for the Tenth Circuit · 1989
  4. Forcucci v. United States Fidelity & Guaranty Co.District Court, D. Massachusetts · 1994
  5. Sams v. State Attorneys GeneralCourt of Appeals for the Sixth Circuit · 2007

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

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