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· 6/30/2008

Marlin v. Moody National Bank, N.A.

Citations

  • 533 F.3d 374
  • 70 Fed. R. Serv. 3d 1479
  • 2008 U.S. App. LEXIS 13773
  • 2008 WL 2568823

How courts have described this case

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

  • holding that “[w]hile monetary sanctions are improper against a party for a violation of Rule 11(b)(2) . . ., they may be awarded against a party when a court determines factual contentions lacked evidentiary support.”
  • vacating sanctions that did not comply with Rule 11 and remanding the case for proceedings consistent with Rule 11
  • stating that the abuse-of- discretion standard applies to the imposition of Rule 11 sanctions
  • vacating sanctions that did not comply with Rule 11 and remanding the case for proceedings consistent with Rule 11
  • explaining Rule 11 attorney’s fees can only be imposed through a party’s Rule 11 motion, not a Court’s sua sponte imposition
  • first citing FED. R. CIV. P. 11(c)(4) (emphasis added); and then citing Thornton v. Gen. Motors Corp., 136 F.3d 450, 455 (5th Cir. 1998)

Source: CourtListener parenthetical corpus (CC0).

Judges: Jones, Barksdale, Stewart

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.