Legal Opinion

O'Brien v. Alexander

Court of Appeals for the Second Circuit

Decided December 12, 1996No. 1504, Docket 95-7976PublishedCited by 1 opinion

1Opinion of the Court

CARDAMONE, Circuit Judge:

After two corporations voluntarily withdrew and dismissed their suit for fraud and racketeering against plaintiff, he sued them under ten different tort theories seeking damages of $346 million. The district court dismissed plaintiffs complaint for failure to. state a cause of action and sanctioned plaintiffs counsel under Rule 11 for statements he made in oral argument. Because none of the tort theories states a claim, we affirm dismissal of plaintiffs complaint.

Our review of the sanctions imposed is a' more difficult and delicate task. A lawyer fighting for his…

2Cases cited48 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Salve Regina College v. RussellSupreme Court of the United States · 1991
  4. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  5. Broughton v. StateNew York Court of Appeals · 1975

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3Cited by1 opinion

  1. O'Brien v. AlexanderCourt of Appeals for the Second Circuit · 1996

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