City of New York v. Eastway Construction Corp.

Parentheticals

• showing of subjective bad faith not required to trigger Rule 11 sanctions

  Corporate Printing Co. v. New York Typographical Union No. 6

• death penalty statute neither vague, overbroad, imposed in a discriminatory manner, nor involves subjective discretion

  State v. Artis

• wherein the Court, addressing a claim made pursuant to Batson v. Kentucky , 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986

  Smith v. State

• wherein the Court, addressing a claim made pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986

  Turner v. State

• sanctions can be imposed for filings made for an “improper purpose” even where the attorney conducted a reasonable investigation

  Desiderio v. Parikh (In re Parikh)

• Rule 11 is violated when it is "patently clear that a claim has absolutely no chance of success under the existing precedents"

  Smith v. Blue Cross & Blue Shield United of Wis.

• “Even a single act of invidious discrimination may form the basis for an equal protection violation.”

  State v. Gattis

• all ambiguities and inferences should be resolved in favor of the party defending a summary judgment motion

  McFadden-Peel v. Staten Island Cable

• "The defendant cannot successfully argue that error is plain in the record when there is no indication in the record that the act upon which error is predicated ever occurred."

  White v. State

• theory not presented to trial court and first raised on appeal not properly before appellate court.

  Williams v. Williams

• change in death penalty sentencing scheme not ex post facto because it affected neither the crime, punishment prescribed, nor degree of proof necessary to establish guilt

  People v. District Court

• although district court relied on affidavits in granting summary judgment, appellate court stated that it would have been “equally proper to dismiss the civil rights count for failure to state a claim”

  Katz v. Molic