550 F. Supp. 2d 768 - In Re Moncier’s Empirical Analysis
2008
Citation profile
3 state decisions
Relationships
Applies 18 U.S.C. § 401 · 28 U.S.C. § 631 (Federal Magistrate Act of 1979)
Relies on United States v. United Mine Workers of America · Chambers v. Nasco, Inc. · State v. Simpson · United States v. Ursery · United States v. Bajakajian
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) The name, address and telephone number of the respondent. (2) A specific admission or denial of each of the factual allegations contained in the complaint and order to show cause and, in addition, a specific statement of any facts on which respondent relies, including all other material dates, places, persons, and conduct relevant to the allegations of the order. (3) All documents or other supporting evidence not previously filed with the complaint or order that are relevant to the charges of alleged misconduct. (4) A specific request for a hearing or a statement specifically declining a hearing. (5) A statement signed by the respondent under the penalty of perjury indicating that' the respondent has read the response and that, to the best of respondent’s knowledge, the facts alleged therein are correct.”
1 later decision quote this exact passage“Conduct Subject to Discipline. The court may impose discipline on any member of its bar who has violated the Rules of Professional Conduct as adopted by the Supreme Court of Tennessee, or has engaged in unethical conduct tending to bring the court or the bar into disrepute. The court may also discipline any member who has been suspended or disbarred from the practice of law by the state in which he or she is a member, or by any court of record. Discipline which may be imposed includes disbarment, suspension, reprimand, or such other further disciplinary action as the court may deem appropriate and just.”
1 later decision quote this exact passage“According to [defendant], double jeopardy prevents an attorney from being both convicted of a criminal offense and disciplined by a federal court in its maintenance of the ethical and professional standards of the members of its bar. If that were true, an attorney convicted of fraud, murder, treason, or any other criminal offense would be protected by double jeopardy from being disbarred for that underlying conduct. The federal court, in turn, might shield such an attorney from being criminally convicted if it disbarred the attorney based upon the same conduct which would support a criminal conviction.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.