cooter
gell
hartmarx
argued
february
decided
june
respondents
defendants
district
suit
instituted
petitioner
law
firm
behalf
client
filed
motion
dismiss
complaint
basis
fact
motion
sanctions
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rule
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ground
firm
made
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rule
specifying
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alia
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rule
shall
impose
upon
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client
appropriate
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following
petitioner
notice
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complaint
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held
petitioner
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process
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situated
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whether
sanction
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bar
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govern
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natural
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american
rule
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litigant
ordinarily
entitled
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attorney
fee
pp
delivered
opinion
unanimous
respect
parts
ii
iv
opinion
respect
part
iii
rehnquist
brennan
white
marshall
blackmun
scalia
kennedy
joined
stevens
filed
opinion
concurring
part
dissenting
part
post
stephen
saltzburg
argued
cause
petitioner
briefs
dale
cooter
donna
mangold
richard
favretto
argued
cause
respondents
brief
kenneth
geller
mark
ryan
evan
tager
carey
stein
alan
morrison
paul
alan
levy
david
vladeck
filed
brief
public
citizen
amicus
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
legal
affairs
council
wyatt
durrette
bradley
cavedo
washington
legal
foundation
daniel
popeo
paul
kamenar
richard
samp
briefs
amici
curiae
filed
association
trial
lawyers
america
gregory
joseph
russ
herman
jeffrey
robert
white
chicago
council
lawyers
thomas
meites
plaintiff
employment
lawyers
association
barry
roseman
justice
delivered
opinion
case
presents
three
issues
related
application
rule
federal
rules
civil
procedure
whether
district
may
impose
rule
sanctions
plaintiff
voluntarily
dismissed
complaint
pursuant
rule
federal
rules
civil
procedure
constitutes
appropriate
standard
appellate
review
district
imposition
rule
sanctions
whether
rule
authorizes
awards
attorney
fees
incurred
appeal
rule
sanction
danik
owned
operated
number
discount
men
clothing
stores
washington
area
june
intercontinental
apparel
subsidiary
respondent
hartmarx
brought
action
danik
district
district
columbia
danik
represented
law
firm
cooter
gell
petitioner
responded
suit
filing
counterclaim
intercontinental
alleging
violations
act
stat
march
district
granted
summary
judgment
intercontinental
suit
danik
february
jury
returned
verdict
intercontinental
danik
counterclaim
judgments
affirmed
appeal
danik
intercontinental
apparel
app
judgment
order
intercontinental
apparel
danik
app
judgment
order
litigation
proceeding
petitioner
prepared
two
additional
antitrust
complaints
hartmarx
two
subsidiaries
respondents
hart
schaffner
marx
one
complaints
one
giving
rise
rule
sanction
issue
case
alleged
nationwide
conspiracy
fix
prices
eliminate
competition
exclusive
retail
agent
policy
uniform
pricing
scheme
well
unfair
competition
practices
resale
price
maintenance
territorial
restrictions
app
petitioner
filed
two
complaints
november
respondents
moved
dismiss
antitrust
complaint
issue
alleging
among
things
danik
allegations
basis
fact
respondents
also
moved
sanctions
rule
opposition
rule
motion
petitioner
filed
three
affidavits
setting
forth
prefiling
research
supported
allegations
complaint
essence
petitioner
research
consisted
telephone
calls
salespersons
number
men
clothing
stores
new
york
city
philadelphia
baltimore
washington
petitioner
inferred
research
one
store
major
metropolitan
area
nationwide
sold
hart
schaffner
marx
suits
april
petitioner
filed
notice
voluntary
dismissal
complaint
pursuant
rule
dismissal
became
effective
july
district
granted
petitioner
motion
dispense
notice
dismissal
putative
class
members
june
dismissal
became
effective
district
heard
oral
argument
rule
motion
district
took
rule
motion
advisement
december
years
hearing
motion
dismissal
complaint
district
ordered
respondents
submit
statement
costs
attorney
fees
respondents
filed
statement
requesting
attorney
fees
two
months
later
district
granted
respondents
motion
rule
sanctions
holding
petitioner
prefiling
inquiry
grossly
inadequate
specifically
district
found
allegations
complaint
regarding
exclusive
retail
agency
arrangements
clothing
completely
baseless
petitioner
researched
availability
hart
schaffner
marx
menswear
addition
district
found
petitioner
limited
survey
four
eastern
cities
support
allegation
respondents
exclusive
retailer
agreements
every
major
city
accordingly
district
determined
petitioner
violated
rule
imposed
sanction
petitioner
danik
appeals
district
columbia
circuit
affirmed
imposition
rule
sanctions
danik
hartmarx
app
three
aspects
decision
issue
first
appeals
rejected
petitioner
argument
danik
voluntary
dismissal
antitrust
complaint
divested
district
jurisdiction
rule
upon
rule
motion
reviewing
decisions
circuits
considering
issue
appeals
concluded
policies
behind
rule
permit
party
escape
sanction
merely
dismissing
unfounded
case
reasoned
rule
sanctions
served
punish
deter
secured
proper
functioning
legal
system
independent
burdened
party
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expenses
accordingly
held
sanctions
must
available
appropriate
circumstances
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private
party
effort
cut
losses
run
using
rule
emergency
exit
ibid
second
appeals
affirmed
district
determination
petitioner
violated
rule
petitioner
arguments
failed
cal
doubt
two
fatal
deficiencies
identified
district
rather
petitioner
account
efforts
id
confirm
shortcomings
ibid
third
appeals
considered
respondents
claim
petitioner
also
pay
expenses
respondents
incurred
defending
rule
award
appeal
relying
westmoreland
cbs
app
appeals
held
appellant
successfully
defends
rule
award
entitled
recover
attorney
fees
appeal
remanded
case
district
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amount
reasonable
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fees
enter
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ii
rules
enabling
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prescribe
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evidence
cases
district
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including
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magistrates
thereof
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appeals
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enact
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right
ibid
pursuant
authority
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federal
rules
civil
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govern
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district
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suits
civil
nature
fed
rule
civ
proc
therefore
interpret
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plain
meaning
see
pavelic
leflore
marvel
entertainment
group
light
scope
congressional
authorization
rule
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full
every
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party
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signed
least
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schwarzer
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advisory
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note
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ibid
although
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concerns
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satellite
litigation
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vigorous
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effect
rule
central
goal
deterrence
iii
first
address
question
whether
petitioner
dismissal
antitrust
complaint
pursuant
rule
deprived
district
jurisdiction
award
attorney
fees
rule
plaintiff
stipulation
subject
provisions
rule
rule
statute
action
may
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plaintiff
without
order
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notice
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time
service
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first
occurs
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filing
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parties
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without
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except
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upon
merits
filed
plaintiff
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state
action
based
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claim
petitioner
contends
filing
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pursuant
rule
automatically
deprives
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impose
sanctions
thereafter
courts
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issue
appeals
second
circuit
held
voluntary
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acts
jurisdictional
bar
rule
proceedings
see
johnson
chemical
home
care
products
view
consistent
rule
language
purposes
one
supported
weight
circuit
authority
district
courts
may
enforce
rule
even
plaintiff
filed
notice
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see
szabo
food
service
canteen
cert
dism
greenberg
sala
muthig
brant
point
nantucket
district
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complaint
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pending
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indicated
motions
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supplemental
original
proceeding
request
modification
original
decree
sprague
ticonic
national
bank
thus
even
years
entry
judgment
merits
federal
consider
award
counsel
fees
white
new
hampshire
dept
employment
security
criminal
contempt
charge
likewise
separate
independent
proceeding
law
part
original
action
bray
quoting
gompers
bucks
stove
range
may
make
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contempt
impose
contempt
sanction
even
action
contempt
arose
terminated
see
mine
workers
violations
order
punishable
criminal
contempt
even
though
basic
action
become
moot
gompers
bucks
stove
range
supra
main
case
settled
action
became
moot
course
without
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power
right
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proper
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like
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res
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legally
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purposes
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rule
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nevertheless
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term
condition
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upon
dismissal
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rule
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interpretation
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promulgation
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rules
liberal
state
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procedural
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often
allowed
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nonsuits
matter
right
entry
verdict
see
code
judgment
see
la
code
prac
art
see
generally
note
right
plaintiff
take
voluntary
nonsuit
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prejudice
rev
rule
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curb
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rules
see
american
bar
association
proceedings
institute
federal
rules
cleveland
ohio
rule
intended
eliminate
annoying
defendant
summoned
successive
actions
settlement
arrived
requiring
permit
action
dismissed
another
one
commenced
leisure
remarks
judge
george
donworth
member
advisory
committee
rules
civil
procedure
see
also
wright
miller
federal
practice
procedure
state
statutes
common
law
gave
plaintiffs
expansive
control
suits
rule
preserved
narrow
slice
allowed
plaintiff
dismiss
action
without
permission
adverse
party
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period
defendant
made
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plaintiff
benefit
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rule
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thus
policies
like
language
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rule
limits
litigant
power
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additional
costs
reputation
legal
expenses
defendant
might
incur
top
product
dispute
likely
either
minimal
noncompensable
fundamentally
fact
filing
complaint
imposes
costs
defendant
concern
rulemakers
complaint
impose
costs
judiciary
rules
enabling
act
give
us
authority
create
generalized
federal
common
law
malicious
prosecution
divorced
concerns
efficient
processing
cases
federal
result
interpretation
increase
frequency
rule
motions
decrease
voluntary
dismissals
agree
dismissal
action
pursuant
rule
deprive
district
jurisdiction
resolve
collateral
issues
thus
may
impose
sanctions
contempt
party
voluntarily
dismissed
complaint
impose
sanctions
lawyers
multiplied
proceedings
vexatiously
may
also
impose
sanctions
rule
complaint
withdrawn
responsive
pleading
filed
pleadings
well
grounded
find
warrant
law
arguments
law
extension
modification
reversal
plaintiff
files
false
frivolous
affidavit
response
motion
dismiss
lack
jurisdiction
doubt
sanctioned
filing
cases
action
party
constitutes
abuse
judicial
resources
plaintiff
voluntarily
dismissed
complaint
pursuant
rule
collateral
proceeding
examine
whether
complaint
well
grounded
stretch
matter
long
beyond
time
either
plaintiff
defendant
otherwise
want
litigate
merits
claim
interpretation
unfortunate
consequences
encouraging
filing
sanction
motions
discouraging
voluntary
dismissals
sensible
interpretation
rules
designed
secure
speedy
inexpensive
determination
every
action
fed
rule
civ
proc
despite
changes
taken
place
bar
since
left
active
practice
years
ago
still
believe
lawyers
wise
enough
know
precious
asset
professional
reputation
filing
unmeritorious
pleadings
inevitably
tarnishes
asset
understand
simple
truth
dealt
appropriate
disciplinary
proceedings
actions
malicious
prosecution
abuse
process
extreme
cases
contempt
proceedings
unnecessary
waste
judicial
resources
unwarranted
perversion
federal
rules
hold
lawyers
liable
rule
sanctions
actions
federal
footnotes
rare
cases
defendant
properly
incurs
great
costs
preparing
motion
dismiss
frivolous
complaint
lock
right
file
rule
motion
answering
complaint
making
motion
dismiss
form
rule
motion
judgment
pleadings
also
join
parts
ii
iv
opinion