MEXICANA AIRLINES

v.

WOLGEL ET UX.

Citator

Cited By (15 total)

• In re William M. Kunstler. In re Barry Nakell. In re Lewis Pitts v. Britt, 914 F.2d 505 (4th Cir. 1990)
  …persuaded by the scant reasoning of these cases that a hearing is required whenever improper purpose is found under Rule 11. Appellants also cite INVST Financial Group, Inc. v. Chem-Nuclear Systems, Inc., 815 F. 2d 391, 405 (6th Cir.), cert. denied, 484 U.S. 927, 108 S.Ct. 291, 98 L.Ed.2d 251 (1987). Although it cites Rodgers, Chem-Nuclear Systems does not support appellants’ proposition. Instead, the court simply notes that no hearing is required where an attorney is sanctioned for filing frivolous motion…
• In re AIR Disaster AT Lockerbie v. PAN Am. World Airways Inc., 928 F.2d 1267 (2d Cir. 1991)
  …rpose of punitive damages — to punish and deter ... is unrelated to the signatories’ goal of ensuring minimally adequate compensation.” Id., disapproved of on other grounds in Wolgel v. Mexicana Airlines, 821 F. 2d 442, 445 (7th Cir.), cert. denied, 484 U.S. 927, 108 S.Ct. 291, 98 L.Ed.2d 251 (1987). Other courts have found this argument persuasive. In Floyd, the Eleventh Circuit squarely held that allowing punitive damages in an action based on state law would “conflict with the scheme of liability provid…
• Berthelsen v. Kane, 907 F.2d 617 (6th Cir. 1990)
  …l suffer some delay in his recovery if a trial on the merits is held, but “ ‘delay alone is not a sufficient basis for establishing prejudice.’ ” INVST Financial Group, Inc. v. Chem-Nuclear Systems, Inc., 815 F. 2d 391, 398 (6th Cir.), cert. denied, 484 U.S. 927, 108 S.Ct. 291, 98 L.Ed.2d 251 (1987) (quoting Davis v. Muster, 713 F. 2d 907, 916 (2d Cir.1983)). To establish prejudice, the plaintiff must show that the delay will result in the loss of evidence, increased difficulties in discovery, or greater…