green
Positive treatment
Quoted verbatim 1×
5.7 score
G Cite
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985
2005
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited "but see"
In Re Water Use Permit Applications
(2×)
But see Reppun v. Board of Water Supply, 65 Haw. 531, 552-54 , 656 P.2d 57, 71-72 (1982) (modifying the *447 natural flow rule to one of reasonable use), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 298 (1985).
discussed
Cited as authority (quoted)
Leidel v. AMERIPRIDE SERVICES, INC.
if the fault lies with the attorneys, that is where the impact of sanction should be lodged. if the fault lies with the clients, that is where the impact of the sanction should be lodged.
discussed
Cited "see"
United States v. Leslie J. Webster
See United States v. Cherek, 734 F.2d 1248, 1254 (7th Cir.1984) ("Even if the asset is not ultimately determined to be property of the estate under the technical rules of the Federal Bankruptcy Code, Section 152 properly imposes sanctions on those who preempt a court’s determination by failing to report the asset."), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985); cf. United States v. Shadduck, 112 F.3d 523, 528 (1st Cir.1997) (concluding that debtor’s reason for omitting pension funds from bankruptcy schedules&emdash;because they were exempt&emdash;"would short-circu…
discussed
Cited "see"
United States Trustee v. Repp (In re Sheehan)
See U.S. v. Cherek, 734 F.2d 1248 , cert. denied 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (7th Cir.1984) (This section requires the bankrupt to disclose the existence of assets whose immediate status in bankruptcy is uncertain).
discussed
Cited "see"
International Brotherhood of Teamsters v. Eastern Conference of Teamsters
See In re Baker, 744 F.2d 1438, 1440 (10th Cir.1984) (Rule 16’s “spirit, intent and purpose is clearly designed to be broadly remedial, allowing courts to actively manage the preparation of cases for trial”), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985).
discussed
Cited "see"
United States v. John A. Grant
See United States v. Cherek, 734 F.2d 1248, 1254 (7th Cir.1984) (“It is a reasonable reading of 18 U.S.C. § 152 to conclude that the statute requires a bankrupt to disclose the existence of assets whose immediate status in bankruptcy is uncertain ... [e]ven if the asset is not ultimately determined to be property of the estate under the technical rules of the Federal Bankruptcy Code”), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985).
discussed
Cited "see"
Veranda Beach Club Ltd. Partnership v. Western Surety Co.
Accord Matter of Sanction of Baker, 744 F.2d 1438, 1440 (10th Cir.1984) (Rule 16(f) “give[s] courts very broad discretion to use sanctions where necessary ... to insure the expeditious and sound management of the preparation of cases for trial”), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985).
discussed
Cited "see"
Veranda Beach Club Limited Partnership v. Western Surety Co., Frg Ventures, Inc., Veranda Beach Club Limited Partnership v. Western Surety Co., Robert F. Mongillo, Veranda Beach Club Limited Partnership v. Western Surety Co., Faneuil Hall Capital Group, Inc.
Accord Matter of Sanction of Baker, 744 F.2d 1438, 1440 (10th Cir.1984) (Rule 16(f) "give[s] courts very broad discretion to use sanctions where necessary ... to insure the expeditious and sound management of the preparation of cases for trial"), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985).
cited
Cited "see"
No. 88-2249
See In re Sanction of Baker, 744 F.2d 1438, 1441 (10th Cir.1984), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985) ($350 sanction considered modest); see also rec. vol.
cited
Cited "see"
G.J.B. & Associates, Inc. v. Singleton
See In re Sanction of Baker, 744 F.2d 1438, 1441 (10th Cir.1984), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985) ($350 sanction considered modest); see also rec. vol.
discussed
Cited "see"
John Turnbull and Barbara Turnbull, His Wife v. Leonard Theodore Wilcken John Does I Through X, Leonard Theodore Wilcken, Third-Party-Plaintiff-Appellee v. Lorraine Robinson, Third-Party-Defendant-Appellant
See In re Baker, 744 F.2d 1438 (10th Cir.1984), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985); Gates v. United States, 752 F.2d 516 (10th Cir.1985). 14 The award of fees and expenses for noncompliance with the rules is discretionary, and the amount and impact of a monetary sanction should depend on the seriousness of the violation and where the fault lies, i.e., with counsel or client.
cited
Cited "see"
Turnbull v. Wilcken
See In re Baker, 744 F.2d 1438 (10th Cir.1984), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985); Gates v. United States, 752 F.2d 516 (10th Cir.1985).
discussed
Cited "see"
L.Z. Reece v. Dewitt Langford and Lillian Langford
See National Hockey League, supra. See also In re Baker, 744 F.2d 1438 (10th Cir.1984) cert. denied sub nom., Baker v. United States District Court, 105 S.Ct. 2016 (1985) (Neither contumacious attitude nor chronic failure is a necessary threshold to imposition of sanctions under Rule 16(f) ).
cited
Cited "see"
United States v. George Jackson and James Jackson
Accord United States v. Cherek, 734 F.2d 1248, 1253 (7th Cir.1984), cert. denied, — U.S.-, 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985); United States v. Oliver, 683 F.2d 224, 228 (7th Cir.1982).
discussed
Cited "see, e.g."
Act Now to Stop War and End Racism Coalition v. District of Columbia
See also Matter of Baker, 744 F.2d 1438, 1440 (10th Cir.1984) (en banc), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985) (Rule 16(f) “indicates the intent to give courts very broad discretion to use sanctions where necessary to insure not only that lawyers and parties refrain from contumacious behavior, already punishable under the various other rules and statutes, but that they fulfill their high duty to insure the expeditious and sound management of the preparation of cases for trial.”).
discussed
Cited "see, e.g."
United States v. John G. Gellene
In addition, Ellis commented that the omission of material information in a bankruptcy filing “impedes a bankruptcy court’s fulfilling of its responsibilities just as much as an explicitly false statement.” Id. (affirming § 152 conviction of debtor for omission of prior bankruptcies from petition); see also United States v. Cherek, 734 F.2d 1248, 1254 (7th Cir.1984) (holding that failure by corporation president to list asset on corporation’s bankruptcy petition was omission of material information supporting a § 152 conviction), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed…
discussed
Cited "see, e.g."
Kenneth Ray Meade v. Grubbs, Badge No. 128, Individually and as a Deputy Sheriff of the County of Oklahoma
See also In re Sanction of Baker, 744 F.2d 1438, 1442 (10th Cir.1984), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985). (“[T]he trial court should set forth in the record the justification for the sanction imposed.”).
discussed
Cited "see, e.g."
Braley v. Campbell
See Fed.R.Civ.P. 16(f) (sanctions for failure to comply with pretrial orders); Fed.R.Civ.P. 37 (sanctions for failure to make or cooperate in discovery); see also In re Sanction of Baker, 744 F.2d 1438 (10th Cir.1984) (en banc) (discussing attorney sanctions under Fed.R.Civ.P. 16(f)), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985). 5 In this case we need not reach the court's far-reaching and potentially drastic contempt and disciplinary powers.
discussed
Cited "see, e.g."
Braley v. Campbell
R.Civ.P. 16(f) (sanctions for failure to comply with pretrial orders); Fed.R.Civ.P. 37 (sanctions for failure to make or cooperate in discovery); see also In re Sanction of Baker, 744 F.2d 1438 (10th Cir.1984) (en banc) (discussing attorney sanctions under Fed.R.Civ.P. 16(f)), cert. denied, 471 U.S. 1014 , 105 S.Ct. 2016 , 85 L.Ed.2d 299 (1985). .
Retrieving the full opinion text from the archive…
Leonard R. CHEREK
v.
UNITED STATES
v.
UNITED STATES
No. 84-930.
Supreme Court of the United States.
Apr 15, 1985.
105 S. Ct. 2016
Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.
Denied.