Topic: ourts do not penalize litigants who try to distinguish ad- … · Go Syfert
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Topic #1812

5 canonical passages across 5 cases, quoted by 16 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 Mark A. Nisenbaum, Cross-Appellee v. Milwaukee County.

#Case FlagCanonical passage Citers
1 Mark A. Nisenbaum, Cross-Appellee v. Milwaukee County Anchor
ca7 · 2003
green “ourts do not penalize litigants who try to distinguish ad- verse precedents, argue for the modification of existing law, or preserve positions for presentation to the supreme court.” 4
2 National Labor Relations Board v. Lucy Ellen Candy Division of F & F Laboratories, Inc.
ca7 · 1975
green “a frivolous appeal means something more to us than an un- successful appeal.” 3
3 In Re The Drexel Burnham Lambert Group Inc.
ca1 · 1993
green “sanctions of course are not im- posed merely because one side does not prevail in a given case.” 3
4 Hartmarx Corporation v. A. Robert Abboud, Spencer Hays, Tom James Company
ca7 · 2003
green “anctions are to be imposed sparingly, as they can have significant impact beyond the merits of the individual case and can affect the reputation and creativity of counsel.” 3
5 Fleming Sales Co., Inc. v. Bailey
ilnd · 1985
green “rule 11 should be applied with some cau- tion, given its potential for chilling legitimate advocacy. even in its more expansive form as amended in 1983, it was not de- signed to penalize litigants because they choose to fight uphill battles” 3

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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