Legal Opinion
Donald Yoffe v. Keller Industries, Inc., a Corporation and Henry A. Keller and Norman S. Edelcup, Individuals
Court of Appeals for the Fifth Circuit
Decided September 13, 1978No. 76-2288PublishedCited by 62 opinions
1Opinion of the Court
BROWN, Chief Judge:
Plaintiff Donald Yoffe appeals from that part of an order granting his motion for a voluntary dismissal without prejudice under F.R.Civ.P. 41(a)(2) that requires him to pay the defendants’ attorneys’ fees and costs as a condition of the dismissal. Yoffe attacks both the imposition and the amount of the fee award, claiming that the District Court Judge exceeded his authority in granting the award and erred in determining the amount due. Specifically, Yoffe asserts that the Judge admitted hearsay evidence without a proper foundation, improperly restricted the plaintiff’s…
2Cases cited16 opinions
- Hickman v. TaylorSupreme Court of the United States · 1947
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- In the Matter of First Colonial Corp. Of America, Bankrupt. American Benefit Life Insurance Company, Appellants-Cross-Appellees v. Franz J. Baddock, Trustee, Appellee-Cross-Appellant. In the Matter of First Colonial Corp. Of America, Bankrupt. Bert K. Robinson v. American Benefit Life Insurance CompanyCourt of Appeals for the First Circuit · 1977
- Securities Investor Protection Corp. v. BarbourSupreme Court of the United States · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Unioil, Inc. v. E.F. Hutton & Co.Court of Appeals for the Ninth Circuit · 1986
- Kahle v. John Deere Co.Illinois Supreme Court · 1984
- Elbaor v. Tripath Imaging, Inc.Court of Appeals for the Fifth Circuit · 2002
- Hartford Accident & Indemnity Company v. Costa Lines Cargo Services, Inc., Evergreen Marine Corporation (New York) Ltd., Etc.Court of Appeals for the Fifth Circuit · 1990
- Antowyn Cauley v. John WilsonCourt of Appeals for the Seventh Circuit · 1985
57 more not listed; retrieve them via the Exa API.