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· 7/19/1990

Frederick Lawrence White, Jr. Benjamin L. Staponski, Jr., and Gwen G. Caranchini v. General Motors Corporation, Inc.

Citations

  • 908 F.2d 675
  • 6 I.E.R. Cas. (BNA) 236
  • 17 Fed. R. Serv. 3d 384
  • 1990 U.S. App. LEXIS 12105

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “the amount of sanctions is appropriate only when it is the minimum that will serve to adequately deter the undesirable behavior”
  • holding that affidavits claiming that sanctioned entities “would be forced into bankruptcy if the court imposed [the] requested attorney’s fees” were insufficient to establish an inability to pay
  • noting that sanctions are not required where party “has a color-able argument as to why an otherwise affirmative defense is inapplicable in a given situation”
  • noting that the amount of fees accumulated to secure the desired result must be reasonably related to the type and significance of issue in dispute
  • stating that the Tenth Circuit has adopted the view that an attorney’s actions must be objectively reasonable in order to avoid Rule 11 sanctions
  • noting that the amount of fees accumulated to secure the desired result must be reasonably related to the type and significance of issue in dispute

Source: CourtListener parenthetical corpus (CC0).

Judges: Logan, McWilliams, Brorby

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