11 Flashcards
11b
There’s no improper purpose for the document;
The legal contentions “are warranted by existing law or by a non-frivolous argument for the extension, modification, or reversal of existing law or for establishing new law”;
The factual contentions “have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery”; and
The denials of factual contentions “are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information.”
REMEDY: If an attorney violates the terms of the rule, the court may (it is discretionary) impose sanctions in the form of a non-monetary order, e.g., censure of the lawyer, a monetary penalty to be paid to the court, or reasonable attorneys’ fees and other expenses to be paid to the other party “if imposed on motion and warranted for effective deterrence.” FRCP 11(c)(4). The revised rule provides that sanctions shall be imposed on the law firm for a violation committed by a partner, associate, or employee unless exceptional circumstances are present. FRCP 11(c)(1).
may argue for reversal of current law if you have a colorable argument for it
“non frivolous”
look for neighboring states
Traps such as brought case before a couple years ago but judge was bound by precedent
What if under 11b,
you state in claim you will find more info in further investigation, but nothing comes up?
11b states once you found no evidence supporting claim barred from later advocating for it
other side “should” send a safe harbor 11c2 motion but you dont have to pull claim out if they dont send it
11c2
If an offending party withdraws or corrects his pleading within 21 days of being served the motion seeking sanctions, he will not be sanctioned. This is contained in the “safe harbor” provision contained in FRCP 11(c)(2).
