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← 636 F.3d 622 - Ali v. Tolbert

Ali v. Tolbert’s Empirical Analysis

636 F.3d 622 · 2011

Citation profile

19
cited by 19 later decisions
April 2018
most recently cited

16 district ·

Relationships

Applies 28 U.S.C. § 1441

Relies on Celotex Corporation v. Catrett H · Cooter & Gell v. Hartmarx Corp. · Chambers v. Nasco, Inc. · Roadway Express, Inc. v. Piper · State v. Simpson

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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “Notwithstanding Noble’s conduct is not sanctionable under Rule 11, sanctions may nonetheless be warranted under the district court’s inherent authority, which “enables courts to protect their institutional integrity and to guard against abuses of the judicial process with contempt citations, fines, awards of attorneys’ fees, and such other orders and sanctions as they find necessary, including even dismissals and default judgments.” Shepherd v. Am. Broad. Cos., 62 F.3d 1469, 1472 (D.C.Cir. 1995); see generally Chambers, 501 U.S. at 43-46 , 111 S.Ct. 2123 (describing extent of inherent judicial authority). Accordingly, we remand for the district court to consider whether to exercise its inherent authority to sanction Noble. To support a sanction under this authority, the court must make a finding by clear and convincing evidence that Noble committed sanctionable misconduct that is tantamount to bad faith. Shepherd, 62 F.3d at 1472 (clear and convincing evidence); Roadway Exp., Inc. v. Piper, 447 U.S. 752, 767 , 100 S.Ct. 2455 , 65 L.Ed.2d 488 (1980) (bad faith).”
    2 later decisions quote this exact passage · from the majority
  2. “a person ... who in the ordinary course of business does or would sell, lease (to), or transfer, either directly or indirectly, consumer goods or services, or a person who in the ordinary course of business does or would supply the goods or services which are or would be the subject matter of a trade practice”). The D.C. Circuit has, however, declined to”
    1 later decision quote this exact passage · from the majority
  3. “merchant” in effect at the time of the sale of plaintiffs’ property in December 2005. 11 . Plaintiffs have also raised a genuine issue of material fact as to whether, if their transaction with the Smiths was, in fact, a”
    1 later decision quote this exact passage · from the majority

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.