Also known as:extraordinary circumstance · exceptional circumstances
Written by attorneys · grounded in primary & secondary sources — see below
A highly unusual set of facts that justify departing from a general legal rule or requirement.
Sources & Authorities
How it applies
Common Examples
6
Law Firm Sanction Joint Liability
Edgewater Capital's associate filed a pleading denying key facts without any evidentiary basis. The court issued an order to show cause and later found a Rule 11 violation. Because no facts showed that the associate acted independently outside firm oversight, the court held the firm jointly responsible for the sanction.
Corporate General Jurisdiction Challenge
Empire Logistics, incorporated and headquartered in Delaware, faced suit in Montana over an accident occurring there. Plaintiffs pointed to the company's hundreds of deliveries and several terminals in the state. The court dismissed for lack of general jurisdiction because those contacts did not render the company at home in Montana.
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Criminal Witness Deposition Motion
Ewan Eckhart, a key government witness in a fraud trial, learned he would undergo emergency surgery that would prevent him from testifying at the scheduled date. The prosecution moved under Rule 15 to preserve his testimony by deposition. The court granted the motion, finding the medical emergency created the necessary conditions for taking the deposition.
Federal Abstention From State Prosecution
Emily Ellis faced state charges for distributing leaflets at a public park. She filed a federal suit seeking to enjoin the prosecution, claiming the statute was overbroad. The federal court declined to intervene because the prosecution was brought in good faith and the statute had at least some valid applications.
Parental Presumption Rebuttal Attempt
Edith Eberhardt sought visitation with her grandchildren after their mother, her daughter, died. The surviving father opposed the request. The court denied visitation because Edith failed to present clear and convincing evidence that the father's decisions would harm the children.
Troxel v. Granville530 U.S. 57 (2000)
Standing Challenge In Pledge Case
Elise Everly, a noncustodial parent, sued a school district over the pledge of allegiance recited in her child's classroom. The court dismissed the suit because the child's custodial parent did not object to the practice and no facts showed that the recitation caused concrete injury to the child.
Elk Grove Unified School District v. Newdow542 U.S. 1 (2004)
Common questions
Frequently Asked
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When does a court find extraordinary circumstances sufficient to hold a law firm jointly responsible for a partner's Rule 11 violation?+
A court imposes joint responsibility on the firm unless facts demonstrate that the violation occurred outside normal firm supervision or the partner acted entirely on personal initiative without firm involvement.
Does substantial business activity in a state ever create general jurisdiction over a corporation?+
Substantial business activity alone does not create general jurisdiction. Only facts showing the corporation is at home in the state or other truly exceptional circumstances will suffice.
What showing supports an order to depose a witness under Federal Rule of Criminal Procedure 15?+
A party must demonstrate that the witness cannot attend trial for reasons such as serious illness or other compelling reasons that make preserving testimony necessary in the interest of justice.
When will a federal court enjoin an ongoing state criminal prosecution?+
A federal court will enjoin only when the prosecution is brought in bad faith, involves harassment, or rests on a statute that is flagrantly unconstitutional with no valid applications.
How can a nonparent overcome the parental presumption in a custody dispute?+
A nonparent must present clear and convincing evidence that the parent is unfit or that extraordinary circumstances exist showing the parent's decisions would harm the child.
494 U.S. 872, 110 S. Ct. 1595, 108 L. Ed. 2d 876 (1990)Constitutional Law
…to laws that expressly single out religious practices). Ante , at 884-885. The Court cites cases in which, due to various exceptional circumstances, we found strict scrutiny inapposite, to hint that the Court has repudiated that standard altogether. Ante , at 882-884. In short, it effectuates a wholesale overturning of settled law…
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