Tenth Circuit· 8/15/2018

Muathe v. Fleming

Citations

899 F.3d 1140

How courts have described this case

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

recognizing that the Ehrenhaus factors must be considered for both Rule 41(b) dismissals and dismissals made pursuant to the court’s inherent authority
recognizing in Rule 11 context that “[t]he proper procedure for determining a reasonable attorneys’ fee is to arrive at a lodestar figure by multiplying the hours plaintiff’s counsel reasonably spent on the litigation by a reasonable hourly rate.” (citation omitted)
finding failure to retract manipulated documents sufficient reason to find plaintiff’s conduct culpable, hence “bolstering its decision to apply a dismissal sanction.”
first three factors aid court in deciding whether to apply any sanctions, and last two “inform on whether dismissal or lesser sanction is appropriate”
“The injured party [in the Rule 11 context] has a duty to mitigate costs by not overstaffing, overresearching or overdiscovering clearly meritless claims.”
a court 16 abuses its discretion if its discovery or sanctions order is based on an erroneous view of the law (citing Cooter & Gell, 496 U.S. at 405)

Source: CourtListener parenthetical corpus (CC0).

Judges: Matheson, Phillips, McHugh

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Cited by

3 cases in this archive cite this case.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

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