McGhee v. Sanilac County’s Empirical Analysis

Citation profile

5 federal appellate · 2 district · 1 state decisions

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

1. “(b) Representations to the court. By presenting to the court (whether by signing, filing, submitting, or later advocating) a petition, pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances— (1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation; (2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; (3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on lack of information or belief. (c) Sanctions. If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.”

   1 later decision quote this exact passage · from the majority
   e.g. William H. Maloof v. Level Propane Gases, Inc.

2. “The Sixth Circuit has held that: the test for imposing Rule 9011 sanctions is whether the individual’s conduct was reasonable under the circumstances. In applying this test, the bankruptcy court “is not to use the benefit of hindsight but ‘should test the signer’s conduct by inquiring what was reasonable to believe at the time the ... [claim] ... was submitted.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Timmons v. Cassell (In Re Cassell)

3. “Rule [11] must be read in light of concerns that it will spawn satellite litigation and chill vigorous advocacy.”

   1 later decision quote this exact passage · from the majority
   e.g. Tahfs v. Proctor