Topic: fraud will not prevail, that substance will not give way to… · Go Syfert
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Topic #11431

6 canonical passages across 5 cases, quoted by 33 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Pepper v. Litton.

#Case FlagCanonical passage Citers
1 Pepper v. Litton Anchor
scotus · 1939
green “fraud will not prevail, that substance will not give way to form, that technical considerations will not prevent substantial justice from being done.” 11
2 Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)
nysd · 1993
green “a court may hold a party in civil contempt for failure to comply with an order where (1) the order is clear and unambiguous, (2) proof of noncompliance is clear and convincing, and (3) the party has not been reasonably diligent in attempting to accomplish what was ordered.” 5
3 Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)
nysd · 1993
green “civil contempt sanctions may be fashioned to coerce compliance or to compensate a complainant for his actual losses, and are to be distinguished from criminal contempt sanctions which are intended to punish a contemnor or to vindicate a court's authority.” 5
4 Hyatt v. Metropolitan Transportation Authority
ca2 · 2010
neutral “frivolous under any definition” 4
5 Irwin Schiff v. Commissioner of Internal Revenue
ca2 · 1984
green “we perceive no need to refute these arguments with somber reasoning and copious citation of precedent....the constitutionality of our income tax system- including the role played within that system by the internal revenue service and the tax court-has long been established.” 4
6 Hawkins v. Levine
nynd · 2010
green “a bankruptcy court's decision regarding an award of fees and sanctions is subject to review for an abuse of discretion.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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