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Second Circuit· 7/14/1997

Sakon v. Andreo

Citations

  • 119 F.3d 109
  • 38 Fed. R. Serv. 3d 68
  • 1997 U.S. App. LEXIS 17492

How courts have described this case

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

  • reversing attorney’s fee sanction against opposing counsel for failing to timely file an amended complaint because there was no finding that counsel had acted in bad faith
  • reversing sanctions order when it was unclear which source of power the district court relied on in imposing sanctions
  • \[A] court's failure to cite any authority for its imposition of sanctions 'by itself might well be sufficient to warrant a remand.'\ (citation omitted) (emphasis added)
  • sanctions entered pursuant to a court's inherent power are authorized \only when there is a finding of conduct constituting or akin to bad faith\
  • “[A]n award [of sanctions] either without reference to any statute, rule, decision, or other authority, or with reference only to a source that is inapplicable will rarely be upheld.”
  • “Because the various sources of the court’s authority [to impose sanctions] are governed by differing standards, it is imperative that the court explain its sanctions order ‘with care, specificity, and attention to the sources of its power.’”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

13 cases in this archive are cited by this case.

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