Legal Opinion
Michael J. Dubisky, Trustee for the V.S. Trust I v. E. Keith Owens
Court of Appeals for the Seventh Circuit
Decided July 21, 1988No. 87-1590PublishedCited by 45 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
Michael J. Dubisky, Trustee for the V.S. Trust I, appeals from the district court’s order sanctioning him in the amount of $36,117 under Federal Rule of Civil Procedure 11 for filing a complaint that incorrectly alleged diversity jurisdiction. On appeal, Dubisky concedes that Rule 11 sanctions were properly imposed, but argues that the defendants failed to mitigate their damages and that the district court abused its discretion by awarding the defendants the entire amount of attorney’s fees incurred in defending the litigation. We reverse.
I
On March 19, 1986 Dubisky filed…
2Cases cited4 opinions
- Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
- Invst Financial Group, Inc. v. Chem-Nuclear Systems, Inc.Court of Appeals for the Sixth Circuit · 1987
- Elston Investment, Ltd. v. David Altman Leasing Corp.Court of Appeals for the Seventh Circuit · 1984
- United Food & Commercial Workers Union Local No. 115 v. Armour & Co.District Court, N.D. California · 1985
3Cited by45 opinions
- Richard Silva v. Peter Witschen, City of East Providence, Stephen LinderCourt of Appeals for the First Circuit · 1994
- Beth Spiller, and Stephen Smiley Brown v. Ella Smithers Geriatric CenterCourt of Appeals for the Fifth Circuit · 1990
- Rufus R. Brooks v. Allison Division of General Motors Corporation, and Local 933, United Auto Workers, Defendants-AppellesCourt of Appeals for the Seventh Circuit · 1989
- William R. Leffler and Shirley Jolliff, Cross-Appellees v. Ralph Meer, Cross-Appellants, and Howard Shake, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1991
- In Re Fox Island Square PartnershipUnited States Bankruptcy Court, N.D. Illinois · 1989
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