· 2/20/1990
Juan E. Cruz v. Robert Savage, Etc.
Citations
- 896 F.2d 626
- 16 Fed. R. Serv. 3d 190
- 1990 U.S. App. LEXIS 2380
- 1990 WL 14087
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding the phrase “unreasonably and vexatiously” demands an objective analysis and § 1927 does not require malicious intent or a bad purpose
- finding a 2 civil rights attorney sanctionable for filing multiple frivolous claims, unsupported by 3 evidence which unnecessarily multiplied litigation
- sanctioning attorney for unreasonably bringing and pursuing nine frivolous claims, including some with either no supporting evidence or where record directly contradicted claim
- “Behavior is ‘vexatious’ when it is harassing or annoying, regardless of whether it is intended to be so.”
- “The purpose of Rule 11 is to deter dilatory and abusive tactics in litigation and to streamline the litigation process by lessening frivolous claims or defenses.”
- “[TJhere is a point beyond which zeal becomes vexation, the ‘novel’ approach to a legal issue converts to frivolity and steadfast adherence to a position transforms to obdurateness.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Torruella, Caffrey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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