COLBY

v.

COLBY

Citator

Cited By

• Lefteri Poulis and Athena Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863 (3d Cir. 1984)
  …ssal” because no other sanctions were appropriate. The district court stated that there was no authority for levying a fine against plaintiffs’ counsel as a penalty. See Gamble v. Pope & Talbot, Inc., 307 F. 2d 729 (3d Cir.) (in banc), cert. denied, 371 U.S. 888, 83 S.Ct. 187, 9 L.Ed.2d 123 (1962).3 However, the court also stated that “there are no costs which can be charged to plaintiffs’ counsel at this point.” This finding was erroneous. Defendant’s counsel had asked the court to impose as a sanction the…
• Eash v. Riggins Trucking Inc., 757 F.2d 557 (3d Cir. 1985)
  …surpation of Congress’ power to prescribe sanctions, but also effectively permits an individual court to nullify the carefully designed procedure for judicial rulemaking. II. In Gamble v. Pope & Talbot, Inc., 307 F. 2d 729 (3d Cir.), cert. denied, 371 U.S. 888, 83 S.Ct. 187, 9 L.Ed.2d 123 (1962), which was the last time this court sitting in banc considered the authority of the district court to impose a statutorily unauthorized fine, Judge Hastie, whose concurrence was determinative, wrote that the distr…

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• Zambrano v. City OF Tustin, 885 F.2d 1473 (9th Cir. 1989)
  …ules to guide trial courts in the exercise of their discretion. The power of the federal courts to sanction parties and counsel has been a subject of intense debate. In Gamble v. Pope & Talbot, Inc., 307 F. 2d 729 (3d Cir.) (en banc), cert. denied, 371 U.S. 888, 83 S.Ct. 187, 9 L.Ed.2d 123 (1962), the Third Circuit held that a federal district court lacked the power to sanction counsel for violations of a “standing order” of the Eastern District of Pennsylvania. The majority, over a vigorous dissent by Chi…