Paula Johnson v. Leland Cherry and James Mister, Appeal Of: Barbara J. Clinite

How courts have described this case

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

• holding that a court may sua sponte impose sanctions based on its inherent powers if it first provides notice and an opportunity to be heard
• discussing that a lower court’s decision “to impose sanctions sua sponte without adequate notice to the sanctioned party also represents an abuse of the court’s sanctions power”
• stating that the requirements of notice of the court’s intent to levy sanctions and an opportunity to be heard apply “whether the court is sanctioning a party pursuant to its authority under Rule 11, section 1927, or its inherent authority”
• remanding where the district court failed to give notice of the specific conduct for which it was contemplating sanctions and to afford the defendant an opportunity to show cause why sanctions were not in order
• Illinois attorney’s lien “attaches only to the proceeds that the client might recover in pursuit of a claim for which the attorney was engaged to represent the client.”
• “The retaining lien is a common-law lien that attaches to documents or other property that come into the attorney’s possession in the course of her professional relationship with the client.’’

Source: CourtListener parenthetical corpus (CC0).