Case Citator › Brubaker v. City of Richmond

Brubaker v. City of Richmond

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Fourth Circuit
Citation
943 F.2d 1363
Decided
Confirmed treatments
1
Flagged citations read
30 of 30
Citing cases (total)
30
Treatment dates
1997
Superseded by statute
A reviewed court treats this case as superseded by later legislation. A 1993 amendment to Rule 11 displaced one sanctions holding of Brubaker v. City of Richmond. All 30 flagged citations have been read.
More on how this was screened

The Third Circuit's explanation of that change is listed below. Later Fourth Circuit panels continue to apply Brubaker's separate rule that one panel cannot overrule another.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

30 later cases cite Brubaker v. City of Richmond; 30 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Superseded by statute or rule

  • The Third Circuit allowed recovery of the costs of Rule 11 sanctions proceedings, disagreed with Brubaker's contrary approach, and observed that a 1993 amendment appeared to displace it.

    In re Tutu Wells Contamination Litigation · Third Circuit · filed

    ... Brubaker v. City of Richmond, 943 F.2d 1363, 1387 (4th Cir.1991); Blue v. United States Dept. of the Army, 914 F.2d 525, 548-49 (4th Cir.1990).23 However, better reasoned precedent in still other circuits supports our view that the costs associated with the sanctions proceedings themselves can be recoverable. ... In addition, in 1993, Rule 11 was amended to add language that would allow sanctions for the costs associated with presenting or opposing a motion for Rule 11 sanctions. ... That amendment seems to have effectively overruled cases that held that it is an abuse of discretion to award sanctions based on the costs of sanctions proceedings.24
    Read the full opinion on CourtListener →

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