· 12/31/1996
Gerald Zuk v. Eastern Pennsylvania Psychiatric Institute of the Medical College of Pennsylvania, Benjamin G. Lipman
Citations
- 103 F.3d 294
- 41 U.S.P.Q. 2d (BNA) 1296
- 36 Fed. R. Serv. 3d 1515
- 1996 U.S. App. LEXIS 33917
- 1996 WL 741965
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that § 1927 award is unavailable for failing to adequately investigate the facts and law prior to filing a complaint
- holding that § 1927 award is unavailable for failing to adequately investigate the facts and law prior to filing a complaint
- noting that claim for replevin had arisen once defendant’s possession was “open, notorious, and under claim of right”
- noting that claim for replevin had arisen once defendant’s possession was “open, notorious, and under claim of right”
- opining that “discovery is not intended as a fishing expedition permitting the speculative pleading of a case first and then pursuing discovery to support it; the plaintiff must have some basis in fact for the action”
- reversing § 1927 sanctions imposed “not because of any multiplicity of the proceedings or delaying tactics, but for failure to make a reasonably adequate inquiry into the facts and law before filing the lawsuit”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, McKee, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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