Legal Opinion

Bennie Whitehead v. Food Max of Mississippi, Inc., Kmart Corporation v. Paul S. Minor

Court of Appeals for the Fifth Circuit

Decided July 17, 2003No. 00-60153PublishedCited by 97 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

Pursuant to Federal Rule of Civil Procedure 11, the district court sanctioned Paul S. Minor, an attorney, for obtaining a writ to execute judgment. The primary reason for our en banc review is to decide whether the district court abused its considerable discretion in imposing sanctions for Minor’s violation of Rule 11(b)(1) (“improper purpose” in obtaining writ of execution). The district court acted within its discretion. AFFIRMED.

I

In May 1997, the district court entered an approximate $3.4 million judgment for Minor’s clients against Kmart Corporation…

2Cases cited21 opinions

  1. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
  4. Wilbert J. Sheets, Cross-Appellant v. Yamaha Motors Corporation, U.S.A. And Yamaha Motor Co. Ltd. Of Iwata, Japan, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1990
  5. Boyce W. Childs v. State Farm Mutual Automobile Insurance Company v. Bruce C. Waltzer, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1994

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3Cited by97 opinions

  1. United States v. Ernest Nda Akpan Chijioke Victor Okoro, M.D., Also Known as Victor Okoro, Also Known as Chiji v. OkoroCourt of Appeals for the Fifth Circuit · 2005
  2. Snow Ingredients, Incorporated v. SnoWizardCourt of Appeals for the Fifth Circuit · 2016
  3. Jenkins v. Methodist Hospitals of Dallas, Inc.Court of Appeals for the Fifth Circuit · 2007
  4. Federal Deposit Insurance v. Maxxam, Inc.Court of Appeals for the Fifth Circuit · 2008
  5. United States v. James BrooksCourt of Appeals for the Fifth Circuit · 2012

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