Legal Opinion

Crookham v. Crookham

Court of Appeals for the Eighth Circuit

Decided September 12, 1990No. 89-2608SIPublishedCited by 20 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

This is an appeal from the district court’s1 order imposing a Rule 11 sanction of $10,000 solely on plaintiffs’ counsel in a securities case. In spite of long-standing Eighth Circuit law, plaintiffs’ counsel seek reversal on the grounds that pleading a “private” right of action under section 17(a) of the Securities Act of 1933, 15 U.S.C. § 77q(a), constituted a good faith argument for the reversal of existing law,2 and that defendants failed to mitigate their attorneys’ fees. We affirm.

I

This case involves three pleadings. First, on January 15, 1988, plaintiffs through…

2Cases cited7 opinions

  1. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  2. The Greater Iowa Corporation v. Frank McLendonCourt of Appeals for the Eighth Circuit · 1967
  3. Daniel L. SHULL, Appellant, v. DAIN, KALMAN & QUAIL, INC., a Corporation, and Harry Ware, AppelleesCourt of Appeals for the Eighth Circuit · 1977
  4. Shirley Frazier v. Allen Cast, and Richard M. Daley, State's Attorney of Cook County, Illinois, DefendantCourt of Appeals for the Seventh Circuit · 1985
  5. Albert J. Deviries v. Prudential-Bache Securities, Inc., Donald J. HannisCourt of Appeals for the Eighth Circuit · 1986

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3Cited by20 opinions

  1. Douglas Dwight Bennett v. General Caster Service of N. Gordon Company, Inc. Richard D. Cowles, Sr. And Janice P. CowlesCourt of Appeals for the Sixth Circuit · 1992
  2. First National Bank & Trust Co. v. HollingsworthCourt of Appeals for the Eighth Circuit · 1991
  3. Happy Chef Systems, Inc. v. John Hancock Mutual Life Insurance Company Cobstell Realty, Inc. And Westbrook Limited PartnershipCourt of Appeals for the Eighth Circuit · 1991
  4. Ward v. Dapper Dan Cleaners and Laundry, Inc.Supreme Court of Arkansas · 1992
  5. Starcher v. Correctional Medical Systems, Inc.Court of Appeals for the Sixth Circuit · 1998

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