A district court may enjoin a litigant from future litigation if the litigant has a history of vexatious litigation and is likely to continue abusing the judicial process.
A pro se plaintiff sued several shipping companies, alleging that section 810 of the Merchant Marine Act of 1936 implies a private right of action to seek the disgorgement of illegal subsidies paid to defendants. The court holds that where a statute expressly provides specific remedies, courts should not read additional unexpressed remedies into the statutory scheme. Because the statute specifically provides for treble damages, the court concludes that Congress provided the precise remedies it considered appropriate. Additionally, the court finds that a district court may enjoin a litigant from future vexatious litigation if the litigant has a history of abusing the judicial process to harass other parties. The court affirms the dismissal of the complaint and modifies the injunction against future litigation.
At page 24 Factors for restricting vexatious litigants' court access205 citing cases“ultimately, the question the court must answer is whether a litigant who has a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties.”
- Rahul Dev Manchanda, No. 23-22095 (Bankr. S.D.N.Y. May 12, 2025). (A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Chien v. Robbins, No. 3:21-cv-00501, 2021 WL 5756383 (E.D. Va. Dec. 3, 2021).Va. 2007) (issuing a prefiling injunction whereby the plaintiff cannot file a further action in the United States District Court for the Eastern District of Virginia “regarding or arising out of his employment or termination of employment…
- Simon v. Bank of Am., N.A., No. 2:19-cv-03498, 2021 WL 148650 (E.D.N.Y. Jan. 15, 2021).(A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Kenney, Becker LLP v. Kenney, 494 F. Supp. 2d 252 (S.D.N.Y. 2007).published(Ultimately, the question the court must answer is whether a litigant who has a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties.)
- Neshewat v. Salem, 365 F. Supp. 2d 508 (S.D.N.Y. 2005).published(Ultimately the question the court must answer is whether a litigant who has a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties.)
- Rivard, No. 2:24-cv-00878 (D. Vt. Nov. 14, 2025). “a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Rivard, No. 2:24-cv-00875 (D. Vt. Nov. 14, 2025). “a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Rivard, No. 2:24-cv-00877 (D. Vt. Nov. 14, 2025). “a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Rivard, No. 2:24-cv-00876 (D. Vt. Nov. 14, 2025). “a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Wolfe v. Romei, No. 2:24-cv-00819 (D. Vt. Dec. 19, 2024).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
Show 195 more citing cases
- Battagliese Corns v. Lapore, No. 2:23-cv-00093 (E.D.N.Y. Aug. 30, 2024).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Powell v. New York City Comptroller, No. 1:23-cv-10095 (S.D.N.Y. Nov. 29, 2023).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Gioia v. SouthEnd Psychiatry, No. 2:23-cv-01419 (E.D.N.Y. Oct. 12, 2023).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Gioia v. Patterson, Belknap, Webb, & Tyler, No. 2:23-cv-03353 (E.D.N.Y. Oct. 12, 2023).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Jones-Khan v. Westbury Bd. Of Educ.-Pless Dickerson, No. 2:21-cv-03908 (E.D.N.Y. Jan. 31, 2022).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Xu v. Suffolk Cnty., No. 2:19-cv-01362 (E.D.N.Y. July 14, 2020).“a district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.”
- Rojas, No. 1:25-cv-03175 (S.D.N.Y. Aug. 6, 2026). Iwachiw v. N.Y. State Dep’t of Motor Vehicles, 396 F.3d 525, 528 (2d Cir. 2005) (per curiam) (quoting Safir, 792 F.2d at 24).
- Sundby, No. 3:19-cv-00390 (S.D. Cal. Aug. 3, 2026). The first two factors speak to “procedural 13 considerations” that the district court must attend to before imposing a pre-filing order, and 14 the second two are “substitutive considerations” that “help the district court define who is, 1…
- Martin, No. 3:26-cv-01049 (D. Or. July 27, 2026).Safir v. United States Lines, Inc., 792 F.2d 19, 24 (2d Cir. 1986); see also Molski, 500 F.3d at 1058 (finding that the “[Safir] five-factor standard provides a helpful framework for applying the two substantive [De Long] factors” and that…
- M-edif, No. 2:26-cv-01467 (D.S.C. Apr. 10, 2026).“continue to abuse the judicial process and harass other parties”
- Hurst-Castl, No. 2:25-cv-00752 (D. Nev. Dec. 2, 2025).The court should consider: 14 (1) the litigant’s history of litigation and in particular whether it entailed vexatious, harassing or duplicative lawsuits; (2) the litigant’s motive in 15 pursuing the litigation, e.g., does the litigant hav…
- Dasler v. Washburn, No. 2:21-cv-00194 (D. Vt. Sept. 25, 2025).The Second Circuit has instructed district courts to consider the following factors in deciding whether to enjoin the filing of future lawsuits: “(1) the litigant’s history of litigation and in particular whether it entailed vexatious, har…
- Whitehead v. Walt Disney Co., No. 1:24-cv-02283 (S.D.N.Y. Aug. 27, 2025).“Ultimately, the question the court must answer is whether a litigant who has a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties.” Kaul, 2022 WL 4133427 , at *8 (quoting Safir, 79…
- Aljindi v. United States, No. 24-242 (Fed. Cl. Aug. 21, 2025).publishedState Dep’t of Motor Vehicles, 396 F.3d 525, 528 (2d Cir. 2005) (per curiam) (quoting Safir, 792 F.2d at 24).
- Smith v. City of Fresno, No. 1:25-cv-00420 (E.D. Cal. June 12, 2025).Motives in filing 7 With this factor, the Court considers whether “the litigant has an objective good faith 8 expectation of prevailing.” Molski, 500 F.3d at 1058 (quoting Safir, 792 F.2d at 24).
- Miller v. Apple, Inc., No. 1:25-cv-01172 (S.D.N.Y. June 2, 2025). Mar. 31, 2021) (quoting Safir, 792 F.2d at 24).
- 7 West 21 LI LLC v. Mosseri, No. 1:25-cv-00849 (S.D.N.Y. Apr. 28, 2025). “a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties”
- Buxbaum v. Rockland Cnty., No. 7:25-cv-02088 (S.D.N.Y. Apr. 25, 2025).In fact, the Second Circuit held in Safir, 792 F.2d at 24, that, “A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation…
- Gu v. Salem, No. 1:24-cv-08444 (E.D.N.Y. Apr. 1, 2025).Thus, Gu’s pro se status does not counsel strongly against the imposition of a filing injunction. 10 The fourth Safir factor addresses whether a plaintiff has “posed an unnecessary burden on the courts.” 792 F.2d at 24.
- Gu v. Chen, No. 1:24-cv-04756 (E.D.N.Y. Apr. 1, 2025).Thus, Gu’s pro se status does not counsel strongly against the imposition of a filing injunction. 10 The fourth Safir factor addresses whether a plaintiff has “posed an unnecessary burden on the courts.” 792 F.2d at 24.
- Gu v. Chen, No. 1:24-cv-05113 (E.D.N.Y. Apr. 1, 2025).Thus, Gu’s pro se status does not counsel strongly against the imposition of a filing injunction. 10 The fourth Safir factor addresses whether a plaintiff has “posed an unnecessary burden on the courts.” 792 F.2d at 24.
- Gu v. Didonato, No. 1:24-cv-05179 (E.D.N.Y. Apr. 1, 2025).Thus, Gu’s pro se status does not counsel strongly against the imposition of a filing injunction. 10 The fourth Safir factor addresses whether a plaintiff has “posed an unnecessary burden on the courts.” 792 F.2d at 24.
- Shekhem El v. Hiller, No. 7:24-cv-00730 (S.D.N.Y. Mar. 21, 2025).“Ultimately, the question the court must answer is whether a litigant who has a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties”
- Zunzurovski v. Finger, No. 1:24-cv-05958 (S.D.N.Y. Nov. 8, 2024).Having considered the five factors in Safir v. United States Lines, Inc., 792 F.2d 19, 24 (2d Cir. 1986) and the Second Circuit’s instruction that such an injunction requires “extraordinary circumstances,” Eliahu v. Jewish Agency for Israe…
- Billewicz v. Town of Fair Haven, No. 2:24-cv-00905 (D. Vt. Oct. 23, 2024).AMENDED ORDER The court’s Order of September 6, 2024, dismissed Plaintiffs’ proposed complaint and— after discussing the factors listed in Safir v. United States Lines Inc., 792 F.2d 19, 24 (2d Cir. 1986)—ordered them to show cause within…
- Billewicz v. Town of Fair Haven, No. 2:24-cv-00905 (D. Vt. Oct. 9, 2024).HUMPHRIES, Chief of Police, ) ) Defendants. ) ORDER The court’s Order of September 6, 2024, dismissed Plaintiffs’ proposed complaint and— after discussing the factors listed in Safir v. United States Lines Inc., 792 F.2d 19, 24 (2d Cir. 19…
- Rimini v. J.P. Morgan Chase & Co., No. 1:22-cv-07768 (S.D.N.Y. Sept. 30, 2024). Iwachiw v. N.Y. State Dep’t of Motor Vehicles, 396 F.3d 525, 528 (2d Cir. 2005) (quoting Safir, 792 F.2d at 24); see, e.g., Manchanda v. Walsh, No. 23 Civ. 7637 (NRB), 2024 WL 455204 , at *6 (S.D.N.Y.
- Hay v. Bolonik, No. 1:23-cv-08584 (S.D.N.Y. Sept. 3, 2024). “its ability to carry out its constitutional functions”
- Ramachandran v. City of Los Altos, No. 5:23-cv-02928 (N.D. Cal. July 9, 2024).Plaintiff’s 15 litigation history, including his filing of this case, reflects his pattern of reacting to one court’s 16 rejection of his claims against Ms. Jacobs by simply filing a new lawsuit against her on the same 17 claims. 18 The fo…
- Clervrain v. Biden, No. 6:22-cv-01086 (D. Kan. June 20, 2024).That the claims are not frivolous, malicious, or made in bad faith. 10 United States v. Kettler, 1991 WL 94457, at *6 (10th Cir. June 3, 1991) (citing Safir v. United States Lines, Inc., 792 F.2d 19 , 24 (2nd Cir. 1986)). 11 Id. (quoting S…
- Larry Klayman v. Julia Porter, 104 F.4th 298 (D.C. Cir. 2024).published(similar)
- Adams v. Boulware II, No. 2:22-cv-01234 (D. Nev. Apr. 30, 2024).De Long, 912 F.2d at 1148 ; Safir v. United States Lines, 23 Inc., 792 F.2d 19, 24 (2d Cir. 1986).
- Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff), 546 B.R. 284 (Bankr. S.D.N.Y. 2016).published
- Caldwell v. Petros, No. 1:22-cv-00567 (N.D.N.Y. Oct. 28, 2022).
- Green v. McLaughlin, 374 F. App'x 173 (2d Cir. 2010).unpublished
- Luther Robert Brown v. Diane McQ Strickland, 891 F.2d 286 (3d Cir. 1989).unpublished
- United States v. Kettler, 934 F.2d 326 (10th Cir. 1991).unpublished
- Cornelius Tucker, Jr. v. Sergeant Seiber Custodian Fox Sergeant Austin McWilliams Cornelius Tucker, Jr. v. Melanie Strickland Lynn Phillips F.D. Hubbard, Cornelius Tucker, Jr. v. Fred Scott Mr. Emory Sergeant Boone Custodian Primas, Cornelius Tucker, Jr. v. Doctor Anderson Patricia Hargrave, Nurse, Cornelius Tucker, Jr. v. Custodian Hart, Cornelius Tucker, Jr. v. Ricky Robinson, Cornelius Tucker, Jr. v. Custodian Primus Sargeant Mills Lynn Phillips Ricky Robinson, Cornelius Tucker, Jr. v. Custodian Ingram Sargeant Jackson, Cornelius Tucker, Jr. v. Randy Cribb Lieutenant Brit Mark Barnhill Custodian Allgood Kathy Mercer Superintendent Barker, Cornelius Tucker, Jr. v. Hayes Neathery Penny White Randall Lee Lynn Phillips Rickie Robinson, 17 F.3d 1434 (4th Cir. 1994).published
- Wilbur D. Tinsley v. Moore Bus. Forms, Inc., 28 F.3d 1210 (4th Cir. 1994).unpublished
- McMahon v. F & M Bank-Winchester, 45 F.3d 426 (4th Cir. 1994).published
- Timothy Carness Autry v. Phyllis B. Woods Richard Heath Charles G. Raynor, Sr., 86 F.3d 1148 (4th Cir. 1996).unpublished
- Timothy Carness Autry v. Phyllis B. Woods Richard Heath Charles G. Raynor, Sr., 91 F.3d 128 (4th Cir. 1996).unpublished
- Robert Moates v. Wayne Barkley, 147 F.3d 207 (2d Cir. 1998).published
- Donald G. Cromer v. Kraft Foods North Am., Inc., Georgetown Univ. Law Ctr., Appellate Litig. Prog., Amicus Supporting Donald G. Cromer v. Kraft Foods, Inc., Georgetown Univ. Law Ctr., Appellate Litig. Prog., Amicus Supporting, 390 F.3d 812 (4th Cir. 2004).published
- Walter N. Iwachiw v. New York State Dep't Of Motor Vehs., 396 F.3d 525 (2d Cir. 2005).published
- Hong Mai Sa v. John Doe, 406 F.3d 155 (2d Cir. 2005).published
- Autry v. Woods, No. 96-6112 (4th Cir. June 5, 1996).unpublished
- Autry v. Woods, No. 96-6701 (4th Cir. July 8, 1996).unpublished
- Molski v. Evergreen Dynasty Corp., 500 F.3d 1047 (9th Cir. 2007).published
- Sassower v. Abrams, 833 F. Supp. 253 (S.D.N.Y. 1993).published
- Rosenblum v. Borough of Closter, 755 A.2d 1184 (N.J. Super. Ct. App. Div. 2000).published
- Carlin v. Gold Hawk Jt. Venture, 778 F. Supp. 686 (S.D.N.Y. 1991).published
- Harrison v. Seay, 856 F. Supp. 1275 (W.D. Tenn. 1994).published
- Terio v. Great W. Bank, 166 B.R. 213 (S.D.N.Y. 1994).published
- Woodard v. Dicks (In re Dicks), 306 B.R. 700 (Bankr. M.D. Fla. 2004).published
- Meadows v. Gibson, 855 F. Supp. 223 (W.D. Tenn. 1994).published
- Ortman v. Thomas, 906 F. Supp. 416 (E.D. Mich. 1995).published
- Viola v. United States, 813 F. Supp. 2d 347 (E.D.N.Y. 2011).published
- Post-Confirmation Trust v. Berry (In re Fleming Companies, Inc.), 444 B.R. 127 (Bankr. D. Del. 2011).published
- Lipin v. Hunt, 573 F. Supp. 2d 836 (S.D.N.Y. 2008).published
- Conway v. Brooklyn Union Gas Co., 236 F. Supp. 2d 241 (E.D.N.Y. 2002).published
- Doran v. Vicorp Restaurants, Inc., 407 F. Supp. 2d 1115 (C.D. Cal. 2005).published
- Lacy v. Principi, 317 F. Supp. 2d 444 (S.D.N.Y. 2004).published
- 100,000 Victim Families v. Schulte Roth & Zable, 108 F. Supp. 2d 252 (S.D.N.Y. 2000).published
- In re Telfair, 745 F. Supp. 2d 536 (D.N.J. 2010).published
- Davey v. Dolan, 453 F. Supp. 2d 749 (S.D.N.Y. 2006).published
- Morning Star Baptist Church v. James City Cnty. Police, 480 F. Supp. 2d 853 (E.D. Va. 2007).published
- Lefkowitz v. Bank of New York, 676 F. Supp. 2d 229 (S.D.N.Y. 2009).published
- Wilson v. Todd, 178 F. Supp. 2d 925 (W.D. Tenn. 2001).published
- 100,000 Victim Families Note Holders Owners of Sec. in Towers Fin. Corp. v. Schulte Roth & Zable, 210 F. Supp. 2d 286 (S.D.N.Y. 2001).published
- Tidik v. Ritsema, 938 F. Supp. 416 (E.D. Mich. 1996).published
- Justin Ringgold-Lockhart v. Cnty. of Los Angeles, 761 F.3d 1057 (9th Cir. 2014).published
- United States v. Rucker (Hutchinson), 599 F. App'x 391 (2d Cir. 2014).unpublished
- Cromer v. Kraft Foods North Am., Inc., 390 F.3d 812 (4th Cir. 2004).published
- George v. New York State Div. of Parole, 685 F. App'x 30 (2d Cir. 2017).unpublished
- Vassel v. Firststorm Props. 2 LLC, No. 17-1742 (2d Cir. Sept. 19, 2018).unpublished
- Newman v. Jewish Agency for Israel, No. 18-244-cv (L) (2d Cir. Mar. 27, 2019).published
- Mankaruse v. Raytheon Co., No. 20-2309 (Fed. Cir. May 7, 2021).unpublished
- Alexandra Fox v. Nathan Fox, 2022 VT 27, 280 A.3d 354.published
- Castro v. Samuel, 50 F. Supp. 3d 377 (E.D.N.Y. 2014).published
- Iwachiw v. New York State Dep't of Motor Vehs., 396 F.3d 525 (2d Cir. 2005).published
- Hong Mai Sa v. Doe, 406 F.3d 155 (2d Cir. 2005).published
- W.Y.N.N. v. AC Rochester Gen. Motors Corp., 96 F. App'x 768 (2d Cir. 2004).unpublished
- Robert v. Dep't of Just., 439 F. App'x 32 (2d Cir. 2011).unpublished
- Iwachiw v. Nassau, 318 F. App'x 8 (2d Cir. 2009).unpublished
- In re Belmonte, 524 B.R. 17 (Bankr. E.D.N.Y. 2015).published
- Greenstein v. Wells Fargo Bank, N.A. (In re Greenstein), 576 B.R. 139 (Bankr. C.D. Cal. 2017).published
- 100,000 Victim Families Note Holders Owners of Sec. in Towers Fina[n]cial Corp. v. Schulte Roth & Zable, 108 F. Supp. 2d 251 (S.D.N.Y. 2000).published
- United States v. Hollar, 885 F. Supp. 822 (M.D.N.C. 1995).published
- Kratage v. Charter Twp. of Com., 926 F. Supp. 102 (E.D. Mich. 1996).published
- In re Nasdaq Mkt.-Makers Antitrust Litig., 187 F.R.D. 124 (S.D.N.Y. 1999).published
- Immerso v. U.S. Dep't of Labor, No. 20-4064 (L) (2d Cir. Nov. 30, 2022).unpublished
- Li v. Alibaba Grp. Holding, Ltd., No. 21-2525 (2d Cir. Feb. 17, 2023).unpublished
- Coleman v. Carrington Mortg. Servs., LLC, 312 A.3d 214 (D.C. 2024).published
- (PS) Barroga v. Bd. of Admin., No. 2:19-cv-00921 (E.D. Cal. Sept. 9, 2019).
- (PS) Iegorova v. Feygan, No. 2:19-cv-01512 (E.D. Cal. Oct. 7, 2019).
- (PS) Dmitriy v. Bella, No. 2:20-cv-00010 (E.D. Cal. Mar. 16, 2020).
- Arthur Lopez v. HSBC Bank USA, N.A., No. 8:19-cv-01816 (C.D. Cal. Jan. 17, 2020).
- (PS) Nelson-Rogers v. JP Morgan Chase Bank, No. 2:22-cv-01799 (E.D. Cal. Jan. 23, 2023).
- Frost v. Off. of the United States Attorney, No. 3:19-cv-05190 (N.D. Cal. Mar. 18, 2020).
- Spitters v. Est. of Mary Ann Spitters, No. 3:19-cv-00629 (N.D. Cal. Apr. 4, 2020).
- Neal v. Select Portfolio Servicing Inc., No. 5:20-cv-07127 (N.D. Cal. Feb. 25, 2021).
- U.S. Bank Nat'l Ass'n v. Sepehry-Fard, No. 5:22-cv-00628 (N.D. Cal. Feb. 25, 2022).
- Ameranth, Inc. v. Domino's Pizza, LLC, No. 3:12-cv-00733 (S.D. Cal. Feb. 5, 2021).
- Ewing v. BF Advance, LLC, No. 3:20-cv-01748 (S.D. Cal. Feb. 12, 2021).
- Speer v. Norwich Pub. Utils., No. 3:19-cv-02005 (D. Conn. May 18, 2021).
- Johnson v. Vera House, Inc., No. 3:22-cv-00314 (D. Conn. Mar. 18, 2022).
- Cherdak v. Cottone, No. 2:22-cv-00634 (M.D. Fla. July 14, 2023).
- Shophar v. Johnson Cnty. Kansas, No. 2:20-cv-02280 (D. Kan. Dec. 9, 2020).
- Arroyo v. Lyles, No. 3:20-cv-00506 (W.D.N.C. July 21, 2021).
- Robinson v. Oaks, No. 1:21-cv-00123 (W.D.N.C. Feb. 8, 2022).
- Carmona v. Adona Med. Health Care Provider, No. 3:23-cv-00003 (W.D.N.C. Apr. 25, 2023).
- Balik v. City of Torrance, No. 2:18-cv-02174 (D. Nev. Feb. 25, 2020).
- O'Neal v. Zurich Ins. Co., No. 2:18-cv-01677 (D. Nev. Aug. 25, 2021).
- Allison v. U.S. Dist. Courts Clerks Off., No. 2:22-cv-01114 (D. Nev. Aug. 25, 2022).
- Colvin v. Tako, LLC, No. 2:22-cv-01928 (D. Nev. Dec. 12, 2022).
- Middleton v. Wells Fargo Bank NA, No. 2:21-cv-01936 (D. Nev. Dec. 21, 2022).
- Johnson v. Bitrategaming, No. 5:22-cv-00448 (N.D.N.Y. May 11, 2022).
- Johnson v. Synchrony Bank, No. 5:22-cv-00450 (N.D.N.Y. May 11, 2022).
- Johnson v. Monro Muffler Brake & Serv., No. 5:22-cv-00441 (N.D.N.Y. May 11, 2022).
- Johnson v. Rushlow Enter., Inc., No. 5:22-cv-00440 (N.D.N.Y. May 11, 2022).
- Johnson v. New York State Div. of Human Rights, No. 5:22-cv-00466 (N.D.N.Y. May 10, 2022).
- Johnson v. Schenectdy Cnty. EFCU, No. 5:22-cv-00456 (N.D.N.Y. May 11, 2022).
- Johnson v. Vera House, No. 5:22-cv-00451 (N.D.N.Y. May 11, 2022).
- Johnson v. Rosetti, No. 5:22-cv-00442 (N.D.N.Y. May 11, 2022).
- Johnson v. Bond, Schoeneck & King LLC, No. 5:22-cv-00446 (N.D.N.Y. May 11, 2022).
- Johnson v. Black River Apts., No. 5:22-cv-00452 (N.D.N.Y. May 11, 2022).
- Son v. US Army, No. 1:22-cv-01388 (N.D.N.Y. July 31, 2023).
- Grefer v. Valdina, No. 5:23-cv-00179 (N.D.N.Y. Sept. 8, 2023).
- Grefer v. Cayuga Cnty. Sherriff Schenk, No. 5:23-cv-00176 (N.D.N.Y. Sept. 8, 2023).
- Grefer v. Cornelius, No. 5:23-cv-00172 (N.D.N.Y. Sept. 8, 2023).
- Logan v. New York Mun. Ins. Reciprocal, No. 3:23-cv-00471 (N.D.N.Y. Sept. 8, 2023).
- Farkash v. Five Star Travel Inc., No. 1:18-cv-03699 (S.D.N.Y. Sept. 23, 2019).
- In re Neelam Uppal, No. 1:17-cv-08510 (S.D.N.Y. Nov. 1, 2019).
- Wiltz v. New York Univ., No. 1:19-cv-03406 (S.D.N.Y. Feb. 10, 2020).
- Buhannic v. Tradingscreen Inc., No. 1:19-cv-10650 (S.D.N.Y. July 20, 2020).
- Brady v. IGS Realty Co. L.P., No. 1:19-cv-10142 (S.D.N.Y. Sept. 3, 2020).
- Carrington v. Graden, No. 1:18-cv-04609 (S.D.N.Y. Sept. 11, 2020).
- Brady v. IGS Realty Co. L.P., No. 1:19-cv-10142 (S.D.N.Y. Oct. 13, 2020).
- Schuster v. Charter Commc'ns, Inc., No. 1:18-cv-01826 (S.D.N.Y. Apr. 8, 2021).
- Miller v. Esper, No. 7:20-cv-01958 (S.D.N.Y. Mar. 31, 2021).
- Li v. Alibaba Grp. Holding Ltd., No. 1:19-cv-11629 (S.D.N.Y. Sept. 7, 2021).
- Davis v. Sedgwick Claims Mgmt. Servs., No. 1:21-cv-07090 (S.D.N.Y. Jan. 18, 2022).
- Kaul v. Intercontinental Exch., No. 1:21-cv-06992, 2022 WL 4133427 (S.D.N.Y. Sept. 12, 2022).
- Schuster v. Charter Commc'ns, Inc., No. 1:18-cv-01826 (S.D.N.Y. June 26, 2023).
- Woodhouse v. Meta Platforms Inc., 704 F. Supp. 3d 502 (S.D.N.Y. 2023).published
- Saeli v. Chautauqua Cnty., NY, No. 6:19-cv-06674 (W.D.N.Y. Feb. 1, 2023).
- Clark v. Wells Fargo Bank, No. 6:20-cv-00253 (D. Or. Mar. 31, 2021).
- Holdner v. Kreitzberg, No. 19-03028 (Bankr. D. Or. Feb. 5, 2020).unpublished
- Marshall v. John Does 1-5, No. 19-03063 (Bankr. D. Or. Feb. 5, 2020).unpublished
- Grefer v. Cayuga Cnty., No. 5:23-cv-00177 (N.D.N.Y. Sept. 8, 2023).
- Adkins v. Mercedes-Benz USA, LLC, No. 1:21-cv-00419 (E.D. Va. Mar. 1, 2022).
- Smith v. State of West Virginia Homeland Sec., No. 5:25-cv-00220 (S.D. W. Va. July 14, 2025).
- Joseph M. Fusco, III v. Monroe Cnty., No. 6:25-cv-06505 (W.D.N.Y. Mar. 25, 2026).
- Weaver v. N.Y. State Unified Ct. Sys., No. 24-3178-cv (2d Cir. Apr. 1, 2026).unpublished
- Preston, No. 1:26-cv-02633 (E.D.N.Y. June 30, 2026).
- Bridgewater Operating Corp. v. Gary Feldstein, Stroock & Stroock & Lavan LLP, Kevin Smith, Joan Taverni, Decten Fund, L.P., Andrea Benko, Mara Gibbs, Errol Margolin, Edward P. Romaine, Patrick Aube, Richard Schneider, Kenneth Brown, Gerard Larsen, Peter Morton, 346 F.3d 27 (2d Cir. 2003).published
- Zorn v. Smith, 2011 VT 10, 19 A.3d 112.published
- Pandozy v. Segan, 518 F. Supp. 2d 550 (S.D.N.Y. 2007).published
- Stanwyck v. Bogen (In re Stanwyck), 450 B.R. 181 (Bankr. C.D. Cal. 2011).published
- Whitehead v. Viacom, 233 F. Supp. 2d 715 (D. Md. 2002).published
- Iwachiw v. NYC Bd. of Elections, 273 F. Supp. 2d 224 (E.D.N.Y. 2003).published
- Sullivan v. Hyland, 647 F. Supp. 2d 143 (D. Conn. 2009).published
- Thomas & Agnes Carvel Found. v. Carvel, 736 F. Supp. 2d 730 (S.D.N.Y. 2010).published
- Iwachiw v. NYC Bd. of Elections, 217 F. Supp. 2d 374 (E.D.N.Y. 2002).published
- Iwachiw v. NYC Brd of Educ., 194 F. Supp. 2d 194 (E.D.N.Y. 2002).published
- Schafler v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 707 F. App'x 751 (2d Cir. 2018).unpublished
- Mantis Transp. v. Kenner, 45 F. Supp. 3d 229 (E.D.N.Y. 2014).published
- Bridgewater Operating Corp. v. Feldstein, 346 F.3d 27 (2d Cir. 2003).published
- Eliahu v. Jewish Agency for Isr., 919 F.3d 709 (2d Cir. 2019).published
- Niles v. Wilshire Inv. Grp., LLC, 859 F. Supp. 2d 308 (E.D.N.Y. 2012).published
- Smith v. Educ. People, Inc., 233 F.R.D. 137 (S.D.N.Y. 2005).published
- Lynn (ID 64377 ) v. Lundry, No. 5:20-cv-03116 (D. Kan. May 8, 2020).
- Jones v. Wichita, City of, No. 6:20-cv-01142 (D. Kan. June 2, 2020).
- Jones v. Wichita, No. 6:20-cv-01131 (D. Kan. June 2, 2020).
- Gilbert v. Soc. Sec. Comm'n, No. 5:21-cv-03156 (D. Kan. Oct. 13, 2022).
- Davis (ID 6598) v. United States, No. 5:23-cv-03191 (D. Kan. Sept. 8, 2023).
- Herold v. Merill Lynch, No. 1:21-cv-00610 (D. Md. Oct. 31, 2022).
- Wilkinson v. Wells Fargo Bank, N.A., No. 3:19-cv-00580 (W.D.N.C. Mar. 10, 2021).
- Wilkinson v. Wells Fargo Bank, N.A., No. 3:19-cv-00580 (W.D.N.C. Mar. 26, 2021).
- Fonseca v. Am. Red Cross, No. 3:21-cv-00452 (W.D.N.C. Apr. 19, 2022).
- Braun v. Braun, No. 3:22-cv-00357 (W.D.N.C. Mar. 20, 2023).
- Rountree v. Asset Recovery Solutions, LLC, No. 1:21-cv-01046 (E.D.N.Y. Jan. 11, 2022).
- Guerrera Tooker v. Quest Ventures, Ltd., No. 2:21-cv-01290, 2024 WL 127966 (E.D.N.Y. Jan. 11, 2024).
- Haziz-Ramadhan v. Specialized Loan Servicing, LLC., No. 2:23-cv-08900 (E.D.N.Y. Mar. 1, 2024).
- Gray v. Fid. Inv., No. 1:20-cv-00718 (N.D.N.Y. Jan. 26, 2023).
- Galanova v. Portnoy, 432 F. Supp. 3d 433 (S.D.N.Y. 2020).published
- Lead Creation Inc. v. Partnerships & Unincorporated Associations identified on Schedule A, No. 1:22-cv-10377 (S.D.N.Y. Oct. 11, 2023).
- W.Y.N.N. v. Larimer, No. 6:22-cv-06352 (W.D.N.Y. Feb. 22, 2023).
- Sharipoff v. Myers, No. 6:18-cv-01659 (D. Or. Jan. 30, 2020).
- Ditech Holding Corp., No. 19-10412 (Bankr. S.D.N.Y. Mar. 26, 2024).unpublished
- Grabis v. Navient Solutions, LLC, No. 15-01420 (Bankr. S.D.N.Y. Apr. 11, 2025).unpublished
- In re Branded Operations Holdings, Inc., No. 22-22608 (Bankr. S.D.N.Y. Mar. 20, 2026).unpublished
- In re Branded Operations Holdings, Inc., No. 26-07005 (Bankr. S.D.N.Y. Mar. 20, 2026).unpublished
- Wimberly, No. 1:22-cv-07581 (S.D.N.Y. Sept. 25, 2026).
At page 25 Modifying injunction scope to prevent overbroad litigation bans31 citing cases“from instituting any action whatsoever”
- In the Matter of Packer Avenue Assocs. (A Pennsylvania Ltd. P'ship). Appeal of Armand Ceritano, 884 F.2d 745 (3d Cir. 1989).published (concluding that such an injunction was overbroad and modifying it to only pre-elude the appellant from filing another document dealing with the issue in question without obtaining leave of the district court)
- Chien v. Robbins, No. 3:21-cv-00501, 2021 WL 5756383 (E.D. Va. Dec. 3, 2021).(modify[ing] [a prefiling] injunction to provide that [the plaintiff] is prevented only from commencing additional federal court actions relating in any ways to [the] defendants’ pricing practices or merchant marine sub…)
- Rojas, No. 1:25-cv-03175 (S.D.N.Y. Aug. 6, 2026). Iwachiw v. N.Y. State Dep’t of Motor Vehicles, 396 F.3d 525, 528 (2d Cir. 2005) (per curiam) (quoting Safir, 792 F.2d at 24).
- Kevin William Cassaday v. State of Michigan, No. 1:26-cv-10124 (E.D. Mich. Feb. 2, 2026). (modifying injunction to prevent plaintiff from further filings regarding specific defendants’ “pricing practices or merchant marine subsidies during the 1965-1966 period without first obtaining leave)
- 7 West 21 LI LLC v. Mosseri, No. 1:25-cv-00849 (S.D.N.Y. Apr. 28, 2025). The Second Circuit has found that sanctions may be appropriate where a litigant with “a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties.” Safir, 792 F.2d at 24; accord Iwachiw v.…
- Groulx v. Takeda Pharm. Co., No. 1:24-cv-12000, 2025 WL 415746 (E.D. Mich. Feb. 6, 2025). (modifying injunction to prevent plaintiff from further filings regarding specific defendants’ “pricing practices or merchant marine subsidies during the 1965-1966 period without first obtaining leave)
- Rimini v. J.P. Morgan Chase & Co., No. 1:22-cv-07768 (S.D.N.Y. Sept. 30, 2024). Iwachiw v. N.Y. State Dep’t of Motor Vehicles, 396 F.3d 525, 528 (2d Cir. 2005) (quoting Safir, 792 F.2d at 24); see, e.g., Manchanda v. Walsh, No. 23 Civ. 7637 (NRB), 2024 WL 455204 , at *6 (S.D.N.Y.
- Hay v. Bolonik, No. 1:23-cv-08584 (S.D.N.Y. Sept. 3, 2024). Hay’s three actions, though closely related in their factual allegations, do not yet indicate a pattern of “vexatious litigation” that would hinder this Court in “its ability to carry out its constitutional functions.” See Safir, 792 F.2d…
- Brady v. Marks, 7 F. Supp. 2d 247 (W.D.N.Y. 1998).published
- Donald G. Cromer v. Kraft Foods North Am., Inc., Georgetown Univ. Law Ctr., Appellate Litig. Prog., Amicus Supporting Donald G. Cromer v. Kraft Foods, Inc., Georgetown Univ. Law Ctr., Appellate Litig. Prog., Amicus Supporting, 390 F.3d 812 (4th Cir. 2004).published
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- Lipin v. Hunt, 573 F. Supp. 2d 836 (S.D.N.Y. 2008).published
- Justin Ringgold-Lockhart v. Cnty. of Los Angeles, 761 F.3d 1057 (9th Cir. 2014).published
- Cromer v. Kraft Foods North Am., Inc., 390 F.3d 812 (4th Cir. 2004).published
- Vassel v. Firststorm Props. 2 LLC, No. 17-1742 (2d Cir. Sept. 19, 2018).unpublished
- In re Nasdaq Mkt.-Makers Antitrust Litig., 187 F.R.D. 124 (S.D.N.Y. 1999).published
- Brady v. IGS Realty Co. L.P., No. 1:19-cv-10142 (S.D.N.Y. Sept. 3, 2020).
- Brady v. IGS Realty Co. L.P., No. 1:19-cv-10142 (S.D.N.Y. Oct. 13, 2020).
- Schuster v. Charter Commc'ns, Inc., No. 1:18-cv-01826 (S.D.N.Y. Apr. 8, 2021).
- United States Court of Appeals, Second Circuit, 83 F.3d 44 (2d Cir. 1996).unpublished
- Seyed N. Shafii v. British Airways, PLC, 83 F.3d 566 (2d Cir. 1996).published
- Citibank, N.A. v. Swiatkoski, 395 F. Supp. 2d 5 (E.D.N.Y. 2005).published
- Falso v. Gates Chili Cent. Sch. Dist., 680 F. Supp. 2d 465 (W.D.N.Y. 2010).published
- Duran v. Kiley, 586 F. App'x 598 (2d Cir. 2013).unpublished
- Bd. of Managers of 2900 Ocean Avenue Condo. v. Bronkovic, 83 F.3d 44 (2d Cir. 1996).published
- Levine v. Elliot Landy & Landyvision, Inc., 860 F. Supp. 2d 184 (N.D.N.Y. 2012).published
- Lopez v. 1st Def NYS Superintendent, No. 2:19-cv-06806 (E.D.N.Y. Sept. 21, 2020).
- Hamza v. Yandik, No. 1:19-cv-00447, 2022 WL 976888 (N.D.N.Y. Mar. 31, 2022).
- Avent v. Platinum Plus Auto Prot., No. 1:19-cv-01494 (N.D.N.Y. Aug. 22, 2022).
- Sankara, No. 1:18-cv-06308 (S.D.N.Y. Oct. 27, 2025).
- Niles v. Wilshire Inv. Grp., LLC, 859 F. Supp. 2d 308 (E.D.N.Y. 2012).published
- Rountree v. Asset Recovery Solutions, LLC, No. 1:21-cv-01046 (E.D.N.Y. Jan. 11, 2022).
At page 23 Enjoining vexatious litigation by repeat litigants26 citing cases“that the district court possessed the authority to enjoin a party from further vexatious litigation is beyond peradventure.”
- Rheaume v. Touchette, No. 2:19-cv-00211 (D. Vt. Aug. 21, 2020).“that the district court possessed the authority to enjoin a party from further vexatious litigation is beyond peradventure.”
- Warren v. Sparks Police Dep't, No. 2:23-cv-00065 (D. Nev. Jan. 31, 2025).“Ultimately, the question the court must answer is whether a 16 litigant who has a history of vexatious litigation is likely to continue to abuse the judicial 17 process and harass other parties”
- Wong v. Night Swim Lane Trust, No. 2:23-cv-00934 (D. Nev. Aug. 6, 2024).Cal. 2004) (quoting Safir v. United States Lines, Inc., 792 F.2d 19, 23 (2d Cir. 16 1986)).
- Willie C. Free v. United States, 879 F.2d 1535 (7th Cir. 1989).published
- Doctor's Assocs., Inc. v. Reinert & Duree, P.C., 191 F.3d 297 (2d Cir. 1999).published
- Black v. Niagara Mohawk Power Corp., 641 F. Supp. 799 (N.D.N.Y. 1986).published
- Coan v. Peia (In re Peia), 212 B.R. 217 (D. Conn. 1997).published
- Walker v. Stanley, 231 B.R. 343 (N.D. Cal. 1999).published
- Molski v. Mandarin Touch Restaurant, 347 F. Supp. 2d 860 (C.D. Cal. 2004).published
- Lipin v. Nat'l Union Fire Ins. of Pittsburgh, 202 F. Supp. 2d 126 (S.D.N.Y. 2002).published
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- Brady v. Marks, 7 F. Supp. 2d 247 (W.D.N.Y. 1998).published
- United States v. Int'l Bhd. of Teamsters, 728 F. Supp. 1032 (S.D.N.Y. 1990).published
- Marlo Coyle v. Nimsha Asia Goins, No. 32418-4 (Wash. Ct. App. Aug. 20, 2015).unpublished
- Doctor's Assocs., Inc. v. Reinert & Duree, P.C., 191 F.3d 297 (2d Cir. 1999).published
- Connecticut Nat'l Bank v. Rytman, 694 A.2d 1246 (Conn. 1997).published
- Iwachiw v. New York City Bd. of Elections, 126 F. App'x 27 (2d Cir. 2005).unpublished
- Sec. Inv. Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff), 546 B.R. 284 (Bankr. S.D.N.Y. 2016).published
- Curto v. Roth, 296 F. App'x 129 (2d Cir. 2008).unpublished
- Colvin v. AHP Realty LLC, No. 2:20-cv-00343 (D. Nev. Dec. 28, 2020).
- Nguyen v. Islamic Repub. of Iran, No. 2:21-cv-00134 (D. Nev. Sept. 13, 2021).
- Bar-Mashiah v. Inc. Vill. of Hewlett Bay Park, No. 2:18-cv-04633 (E.D.N.Y. Sept. 6, 2019).
- Caldwell v. Petros, No. 1:22-cv-00567 (N.D.N.Y. Oct. 28, 2022).
- Lamothe v. Brown, No. 5:22-cv-00161 (D. Vt. June 16, 2023).
- Swint v. Georgia-Pac. Corp., No. 2:23-cv-00472 (D. Vt. Feb. 26, 2024).
- Johnson v. Trump, No. 2:23-cv-00471, 2024 WL 778100 (D. Vt. Feb. 26, 2024).
- Johnson v. Stone, No. 2:23-cv-00473 (D. Vt. Feb. 26, 2024).
A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.
- Rivard, No. 2:24-cv-00878 (D. Vt. Nov. 14, 2025). (A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Rivard, No. 2:24-cv-00875 (D. Vt. Nov. 14, 2025). (A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Rivard, No. 2:24-cv-00877 (D. Vt. Nov. 14, 2025). (A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Rivard, No. 2:24-cv-00876 (D. Vt. Nov. 14, 2025). (A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Wolfe v. Romei, No. 2:24-cv-00819 (D. Vt. Dec. 19, 2024).(A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Battagliese Corns v. Lapore, No. 2:23-cv-00093 (E.D.N.Y. Aug. 30, 2024).(‘A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.’)
- Powell v. New York City Comptroller, No. 1:23-cv-10095 (S.D.N.Y. Nov. 29, 2023).(A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.)
- Gioia v. SouthEnd Psychiatry, No. 2:23-cv-01419 (E.D.N.Y. Oct. 12, 2023).(‘A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.’)
- Gioia v. Patterson, Belknap, Webb, & Tyler, No. 2:23-cv-03353 (E.D.N.Y. Oct. 12, 2023).(‘A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.’)
- Jones-Khan v. Westbury Bd. Of Educ.-Pless Dickerson, No. 2:21-cv-03908 (E.D.N.Y. Jan. 31, 2022).(‘A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.’)
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- Xu v. Suffolk Cnty., No. 2:19-cv-01362 (E.D.N.Y. July 14, 2020).(‘A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.’)
At page 34 cited at this page1 citing case
- Wood v. Mut. Redevelopment Houses, Inc., No. 1:22-cv-09493 (S.D.N.Y. Sept. 12, 2024).Id. at 34.
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v.
UNITED STATES LINES INC., Lykes Bros. Steamship Co., Inc., Moore McCormack Lines, Inc., American President Lines, Ltd., Farrell Lines, Inc., American Export Lines, Inc., Prudential Lines, Inc., Prudential-Grace Lines, Inc.
This lawsuit marks yet another episode in Marshall Safir’s quest to obtain additional relief for the wrongs committed in 1965 and 1966 against his now bankrupt shipping company. During that period, defendants and others engaged in predatory pricing practices for the sole purpose of forcing Safir’s company, Sapphire Shipping Lines, Inc. (“Sapphire”), out of business. The instant suit is the eleventh federal court action that Safir or his defunct company has filed against the defendants relating to those pricing practices. Unlike two of Safir’s earlier lawsuits, however, the current one lacks merit entirely.
I. BACKGROUND
In early 1965, Sapphire began operations as an unsubsidized common carrier by water. Sapphire undercut the rates of various competitor carriers that were members of a shipping conference known as the Atlantic and Gulf American Flag Berth Operators (“AGAFBO”). The members of AGAFBO, by agreement, drastically reduced their rates to an admittedly unfair, unreasonable, and non-compensatory level. The sole purpose of these reductions was to drive Sapphire out of business. On March 1, 1966, AGAFBO raised its rates to their former levels. Sapphire, having already experienced irreversible setbacks, went out of business the following March and was adjudged a bankrupt that May.
In December of 1967, the Federal Maritime Commission issued a report finding that AGAFBO, by engaging in these pricing practices, had violated section 15 of the Shipping Act of 1916, 46 U.S.C. § 814 (1982). At about this time, Safir commenced upon the litigious journey that brings him to our court today. First, in 1966, Sapphire instituted a “corporate treble damage suit” against the instant defendants and others, which ultimately was settled by the bankruptcy trustee with all defendants for approximately $2.5 million.
Safir also requested the Acting Maritime Administrator and the Maritime Subsidy Board to terminate subsidy payments to[*21] members of AGAFBO and to institute action to recover subsidies paid during the period of illegal practices. The request was based on section 810 of the Merchant Marine Act of 1936, 46 U.S.C. § 1227 (1982). Eventually, Safir commenced suit in the Eastern District of New York seeking a declaration that section 810 barred subsidy payments and an order compelling the government to stop such payments and to take appropriate legal action to recover subsidies paid during the period of violation.
In our first encounter with the litigation stemming from the above-described events, we reversed the district court’s dismissal of Safir’s suit and held that his complaint stated a claim under section 810, that he had standing to prosecute that claim, and that the Maritime Administration could not decline to recapture past subsidies that were legally recoverable without making a considered decision to adopt that course. Safir v. Gibson, 417 F.2d 972 (2d Cir.1969), cert. denied, 400 U.S. 850, 91 S.Ct. 57, 27 L.Ed.2d 88 (1970) (“Safir I”).
Ultimately, the Secretary of Commerce directed recovery of approximately $1 million in subsidies paid to the four AGAFBO lines that had competed directly with Sapphire. The Secretary also affirmed the Maritime Administration’s finding that the three AGAFBO lines that had not served the same routes as Sapphire had engaged in a “technical violation” of section 810, but nevertheless should not be required to repay subsidies that they had received during the period of violation. Safir appealed the Secretary’s order to the United States District Court for the District of Columbia, arguing that the Secretary should recover all subsidies paid during the period of violation (more than $225 million). Safir’s appeal was dismissed on the ground that he lacked standing, since it had become clear that he was not likely ever again to be in competition with the carriers that had engaged in the wrongful practices. Safir v. Dole, 718 F.2d 475 (D.C.Cir.1983), cert. denied, 467 U.S. 1206, 104 S.Ct. 2389, 81 L.Ed.2d 347 (1984).
Had the above claims represented the totality of Safir’s legal battle against these defendants, this case would be unexceptional. Over the years, however, Safir has multiplied the number of legal proceedings aimed at redressing the injuries suffered by Sapphire. Many of these proceedings sought to enjoin various business transactions of defendants on the ground that such transactions would deplete defendants’ assets and thereby deprive Safir of the recovery he ultimately might receive against them. Safir’s legal strategy at times has been novel and occasionally successful, but by and large it has been merit-less, duplicative, and burdensome to the defendants and the courts.
Safir commenced the instant action against United States Lines, Inc., Lykes Bros. Steamship Co., Inc., Moore McCormack Lines, Inc., American President Lines, Ltd., Farrell Lines, Inc., American Export Lines, Inc., Prudential Lines, Inc., and Prudential Grace Lines, Inc., alleging an implied private right of action under section 810 of the Merchant Marine Act of 1936, 46 U.S.C. § 1227 (1982), to pursue a “restitutionary remedy in the form of disgorgement of the illegal earnings” that defendants had received as subsidy payments in 1965 and 1966. Safir also sought a preliminary injunction preventing Farrell from taking any action to sell the S.S. Austral Lightning, or in the alternative, requiring Farrell to set aside the proceeds of the sale pending a decision on the merits.
The United States District Court for the Eastern District of New York (Nickerson, J.) denied Safir’s motion for a preliminary injunction on the grounds that Safir had not established either “a likelihood of success on the merits” or “a sufficiently serious ground for litigation and a balance of hardships tipping decidedly in [his] favor.” The district court subsequently dismissed Safir’s complaint on the ground that section 810 does not afford private citizens a private right of action for “restitution” of subsidies paid by the government, Safir v. United States Lines, Inc., 616 F.Supp. 613,[*22] 615-17 (E.D.N.Y.1985), and it denied his post-judgment motion for leave to amend his complaint to state a claim under section 810, in his individual capacity, for treble damages. Finally, the district court permanently enjoined Safir from (1) proceeding further in the instant action except to seek appellate review or a writ of certiorari, or to submit papers responding to applications by defendants and (2) asserting in any federal court any new claims related to, or arising out of, the events of 1965 and 1966. We fully agree with the district court’s denial of Safir’s preliminary injunction motion and its dismissal of Safir’s complaint. We also agree with the district court that an injunction restricting Safir’s future federal litigation was warranted; however, we believe the injunction, as it presently stands, is more restrictive than the circumstances require. Accordingly, we affirm the judgment of the district court but modify the injunction to provide only that no new federal action, motion, petition, or proceeding arising out of, or relating to, the events of 1965 and 1966 may be brought by Safir without first obtaining leave of court.
II. DISCUSSION
A. Private Right of Action Under Section 810
Safir’s claim for restitution of subsidies paid to defendants rests entirely on the contention that the remedy he seeks is available by way of a private action under section 810. It is no longer open to question that defendants’ pricing practices in 1965 and 1966 violated the statute. Safir v. Gibson, 432 F.2d 137 (2d Cir.), cert. denied 400 U.S. 942, 91 S.Ct. 241, 27 L.Ed.2d 246 (1970) ("Safir II”). The second paragraph of section 810 provides appropriate remedies for such violations. First, it allows a public remedy, viz., that “[n]o payment or subsidy of any kind shall be paid directly or indirectly out of funds of the United States ... to any contractor or charterer who shall violate this section.” We previously have interpreted this statutory language to authorize the government to recover subsidies or payments made during a period of violation. Safir I, 417 F.2d at 977. More pertinent to our consideration, however, is the private remedy provided by section 810. The statute specifically provides that “[a]ny person who shall be injured in his business or property by reason of anything forbidden by this section may sue therefor ... and shall recover threefold the damages by him sustained____”
Since section 810 does not specifically afford Safir the additional private remedy he is pursuing here, the dispositive question on this appeal is whether such a private remedy is implicit in the statutory scheme. Where a statute expressly provides for particular remedies, as section 810 does, courts are disinclined to read others into it. Transamerica Mortgage Advisors, Inc. (TAMA) v. Lewis, 444 U.S. 11, 19-20,100 S.Ct. 242, 246-47, 62 L.Ed.2d 146 (1979); see generally Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 2087, 45 L.Ed.2d 26 (1975) (setting forth four factors considered pertinent in determining whether a private remedy is implicit in a statute not expressly providing one). In the absence of strong indications of congressional intent to permit unexpressed remedies, we are compelled to conclude “that Congress provided precisely the remedies it considered appropriate.” Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 U.S. 1, 15, 101 S.Ct. 2615, 2623, 69 L.Ed.2d 435 (1981).
The history of the Merchant Marine Act, and of section 810 in particular, provides no support for Safir’s argument that private litigants are entitled to relief beyond treble damages for actual injury. The Act established a program to subsidize American-Flag Carriers, its stated purpose being “to foster the development and encourage the maintenance of” a merchant marine sufficient to carry the United States waterborne commerce at all times and capable of serving as a naval and military auxiliary in times of war or national emergency. See 46 U.S.C. § 1101 (1982); American Export Isbrandtsen Lines, Inc. v. United States, 499 F.2d 552, 558 (Ct.C1.1974). Subsidies[*23] were provided in order to enable American-Flag carriers to compete successfully with foreign carriers. At the same time, those subsidies never were intended to give some American shippers a competitive advantage over other American shippers. Thus, section 810 provided comprehensive remedies for potential abuses of the subsidy system. The public remedy, by cutting off subsidy payments and allowing the government the option of recovering subsidies paid during a period of violation, effectively prevents a carrier from reaping benefits while violating the statute. The public remedy also permits the United States government to apply the recovered subsidies in a manner consistent with the purposes of the Act. At the same time, the private remedy explicitly provided for in the Act sufficiently redresses any injury that a private party might suffer.
In passing the Act, Congress focused specifically on the matter of remedies for victims of unfair practices. Senator O’Ma-honey, after discussing the case of a subsidized American carrier that took part in putting an unsubsidized American carrier out of business, introduced an amendment, enacted as section 810, to make clear Congress’ intent not to pay subsidies to lines that acted to crush American competition. He said:
In order to give an opportunity to those who may be injured by illegal combinations of the kind I have described to protect themselves I have incorporated in this amendment the principle of section 4 of the Clayton Act which permits the victim of such unfair practices to sue for treble damages.
80 Cong.Rec. 10076 (1936) (quoted in Safir I, 417 F.2d at 977). We find this evidence persuasive support for our conclusion that had Congress intended to allow private litigants to recover past subsidies, it would have said so.
In so holding, we do not ignore our earlier decision, in which we held that section 810’s public remedy implicitly includes a governmental right to recover past subsidies. Safir I, 417 F.2d at 977. Our interpretation of the public remedy, which we believed necessary to effectuate the statutory scheme, does not support the view that there should be an expansion of the private remedy. Allowing a private litigant to recover subsidies paid to carriers that engage in violations of section 810 is neither necessary to the statutory scheme nor likely to further the purposes of the Act.
When faced with congressional silence, ambiguous language or conflicting statements, we sometimes have found it necessary to engage in a searching analysis of a statute in order to ascertain the true intent of Congress. Here, we are faced with clear statutory language, supportive legislative history and a comprehensive statutory scheme. Accordingly, we reject Safir’s claim to recover the subsidies paid to defendants. In light of this conclusion, we need not address Safir’s appeal of the denial of a preliminary injunction.
B. Restrictions Imposed On Future Litigation
Judge Nickerson permanently enjoined Safir from:
(1) proceeding further in this action except to (a) seek appellate review by the Court of Appeals, (b) apply for certiorari to the Supreme Court, and (c) submit papers responding to applications, if any, by defendants and (2) instituting in any federal court, including bankruptcy courts, any new action, motion, petition or proceeding arising from or related to defendants’ pricing practices in 1965 and 1966 or their then receipt of merchant marine subsidies.
On appeal, Safir contends that the injunction was improper because he is not abusing the judicial system, but only attempting in good faith to vindicate his rights through the legal process. We cannot agree.
That the district court possessed the authority to enjoin Safir from further vexatious litigation is beyond peradventure. 28 U.S.C. § 1651(a); Abdullah v. Gatto, 773 F.2d 487, 488 (2d Cir.1985) (per curiam); In [*24] re Martin-Trigona, 737 F.2d 1254,1262 (2d Cir.1984); In re Hartford Textile Corp., 681 F.2d 895, 897 (2d Cir.1982) (per curiam), cert. denied, 459 U.S. 1206, 103 S.Ct. 1195, 75 L.Ed.2d 439 (1983); Ward v. Pennsylvania New York Central Transportation Co., 456 F.2d 1046, 1048 (2d Cir.1972). “A district court not only may but should protect its ability to carry out its constitutional functions against the threat of onerous, multiplicitous, and baseless litigation.” Abdullah, 773 F.2d at 488 (citing Martin-Trigona, 737 F.2d at 1262).
As our prior cases have indicated, the district court, in determining whether or not to restrict a litigant’s future access to the courts, should consider the following factors: (1) the litigant’s history of litigation and in particular whether it entailed vexatious, harassing or duplicative lawsuits; (2) the litigant’s motive in pursuing the litigation, e.g., does the litigant have an objective good faith expectation of prevailing?; (3) whether the litigant is represented by counsel; (4) whether the litigant has caused needless expense to other parties or has posed an unnecessary burden on the courts and their personnel; and (5) whether other sanctions would be adequate to protect the courts and other parties. Ultimately, the question the court must answer is whether a litigant who has a history of vexatious litigation is likely to continue to abuse the judicial process and harass other parties.
Looking to these factors, we have no doubt that the circumstances here called for some restriction on Safir’s future federal litigation. For twenty years, Safir has sought redress in the federal courts for those pricing practices of defendants which occurred in 1965 and 1966. Admittedly, some of Safir’s lawsuits, far from being frivolous, were meritorious. Nevertheless, he has repeatedly asserted the same claims in slightly altered guise and has used the courts to block and hinder various business transactions of the defendants.
Significantly, most of Safir's claims have been resoundingly rejected by the courts. For instance, Safir failed to persuade the courts (1) that section 810 required the maritime officials to recover all subsidies paid to the violating carriers during the period of violation, Safir II, 432 F.2d at 140-42, or any subsidies paid to the noncompeting carriers, id. at 145 n. 2; Safir v. Kreps, 551 F.2d 447, 453-54 (D.C.Cir.), cert. denied, 434 U.S. 820, 98 S.Ct. 60, 54 L.Ed.2d 76 (1977); (2) that the involved shipping lines were barred perpetually from receiving subsidies even after their unlawful conduct ceased, Safir II, 432 F.2d at 140; (3) that he was entitled to pursue a claim under the False Claims Act, Safir v. Blackwell, 579 F.2d 742, 745 (2d Cir.1978), cert. denied, 441 U.S. 943, 99 S.Ct. 2160, 60 L.Ed.2d 1044 (1979); (4) that he had standing to appeal the Secretary of Commerce’s decision on the amount the subsidies properly recovered, Safir v. Dole, 718 F.2d at 479-81; or (5) that he may share in the government’s recovery of subsidies on a “common fund” theory, id. at 480. More important, Safir has continued to assert many of these same claims after their rejection.
In addition, some of Safir’s somewhat novel litigation tactics can only be characterized as senseless and unduly burdensome. He moved to dismiss one appeal on the ground that the defendants had conspired to bribe President Nixon to defeat his litigation. He also sought to discover the “Nixon tapes” in the belief that officials in the Nixon administration conspired with the defendants to prevent him from vindicating his rights. In another action, he sought to have the judge disqualified because he allegedly was a friend of President Nixon.
Similarly, Safir has sought collateral relief pendente lite in many of his actions, including this one, alleging that the defendants were dissipating their assets to prevent him from enforcing potential multimillion dollar judgments. In this regard, he has sought to enjoin the sale of ships, shares of stock and other assets and to have proceeds of such sales placed in escrow; to enjoin a stockholder’s meeting; and to enjoin the government from paying[*25] subsidies to the defendants and from approving the sale of stock in which neither the buyer nor the seller were defendants in Safir’s actions. In light of the patently meritless nature of these motions, they can be viewed only as attempts by Safir to harass the defendants.
Another example of such harassing and baseless litigation was more recently displayed when Safir brought involuntary bankruptcy proceedings against four of the defendants. That action was predicated on the untenable theory that because Safir was about to win prodigious judgments from the defendants, they would be unable to satisfy the claims and be forced into bankruptcy. The bankruptcy court found Safir’s petition to be a clear abuse of the judicial process, and assessed costs and attorneys’ fees against Safir. To date, Safir has not paid those costs or fees.
We therefore cannot ignore the obvious fact that mere dismissal of this action will not hinder Safir from initiating further similar proceedings. Safir’s abuse of the judicial process, despite his subjective conviction that he has suffered an unremedied injury, cannot be countenanced. In addition, Safir’s failure to pay costs and fees already assessed against him indicates that other types of sanctions would be unavailing. Accordingly, we hold that the district court was fully justified in permanently enjoining Safir from instituting further vexatious, harassing or repetitive proceedings arising out of the 1965-1966 pricing practices of defendants.
Nevertheless, the injunction, which precludes Safir from instituting any action whatsoever, is overly broad. Although we are unable to divine any relief still available to Safir arising out of, or relating to, those events, we do not wish to foreclose what might be a meritorious claim. Consequently, we modify the injunction to provide that Safir is prevented only from commencing additional federal court actions relating in any way to defendants’ pricing practices or merchant marine subsidies during the 1965-1966 period without first obtaining leave of the district court. Cf. Abdullah, 773 F.2d at 488; Martin-Trigona, 737 F.2d at 1262.
C. Safir’s Motion to Amend His Complaint
After judgment was entered in this case, Safir moved for permission to file an amended complaint. Despite the mandate of Fed.R.Civ.P. 15(a), that leave to amend a pleading “shall be freely given when justice so requires,” we find that Judge Nickerson did not abuse his discretion in denying Safir’s request. See generally Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227, 230, 9 L.Ed.2d 222 (1962) (enunciating standard to be employed under Rule 15(a)).
III. CONCLUSION For the reasons stated above, we affirm the judgment of the district court, as modified.