News & Analysis as of

Rule 11

Benesch

Exploring First Amendment and Editorial Judgment Protections for Large Language Models

Benesch on

Large language model (LLM) companies are at the forefront of artificial intelligence technology. They create tools that generate and provide information through sophisticated algorithms....more

Carlton Fields

Classified Monthly: A Roundup of Class Action Decisions From Federal Appellate Courts - February 2024

Carlton Fields on

The Roundup is a monthly publication that covers the previous month’s notable class action decisions from federal appellate courts, as well as notable Supreme Court cert petitions related to class actions....more

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

Proskauer - Minding Your Business

Artificially Unintelligent: Attorneys Sanctioned for Misuse of ChatGPT

ChatGPT may be smart enough to pass the bar exam, but lawyers should take caution before relying on the Artificial Intelligence (“AI”) platform to conduct any legal business. On June 22, 2023, Judge P. Kevin Castel of...more

Hinshaw & Culbertson - Lawyers for the...

New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing

New York Lawyer Who Cited Non-Existent Cases Generated by ChatGPT Now Faces Sanctions Hearing - Brief Summary- Faced with what it called an "unprecedented circumstance," a federal district court in New York (Judge P....more

Genova Burns LLC

NJ District Court Awards Rule 11 Sanctions in Favor of Employer for Frivolous Suit

Genova Burns LLC on

On March 31, 2023, the United States District Court for the District of New Jersey, in the matter of Desire v. Dreamwear Inc., imposed Rule 11 sanctions in favor of an employer based on the filing of a frivolous Second...more

A&O Shearman

Third Circuit Holds That The PSLRA Mandates Sanctions For Violations Of Rule 11 Of The Federal Rules Of Civil Procedure

A&O Shearman on

On April 5, 2023, the United States Court of Appeals for the Third Circuit affirmed a determination of the United States District Court for the District of Delaware that plaintiffs violated Rule 11 of the Federal Rules of...more

Skadden, Arps, Slate, Meagher & Flom LLP

PTAB Update - March 2023

Steep Drop in Discretionary Denials — But Will It Last? The Patent Trial and Appeal Board (PTAB) may be becoming more petitioner-friendly following a June 2022 memorandum that significantly narrows a precedent-setting...more

Rumberger | Kirk

Eleventh Circuit Reiterates Availability of Postjudgment Rule 11 Sanctions

Rumberger | Kirk on

The Court of Appeals for the Eleventh Circuit recently reversed a district court’s denial of Rule 11 motions filed after final judgment had been entered. The Eleventh Circuit found the district court incorrectly read recent...more

Mintz - Intellectual Property Viewpoints

Rule 11 Sanctions Appropriate for Frivolous Inventorship Pleading

While litigants may oft use Rule 11 prematurely or inappropriately, it does have its proper time and place when deployed as intended. In the patent context, examples include when claim elements are clearly missing in an...more

Mintz - Intellectual Property Viewpoints

Rule 11—Use It Wisely

Last week we discussed how useful Rule 11 can be used to recoup reasonable expenses drawn from frivolous litigation in the context of a recent decision in Imprenta Services, Inc. et al. v. Karll et al., 20-cv-6177 (C.D. CA....more

Fox Rothschild LLP

Can You Pass Go with a Fee Award?

Fox Rothschild LLP on

Back in November, I wrote about the possibility of a fee award being immediately appealable if the amount in question is significant enough. In the latest batch of opinions from the Court of Appeals, that issue reared its...more

Bass, Berry & Sims PLC

Records in Bid Protest Become More Complete – COFC Sanctions the Government for AR Omissions

Bass, Berry & Sims PLC on

In an opinion first publicly released on November 3, the Court of Federal Claims (COFC) took the somewhat usual, but not unheard of, step of sanctioning the government for mishandling the administrative record (AR) in a bid...more

Farrell Fritz, P.C.

The Dynamic Duo of Proportionality and Reasonableness: Another New Proposal From the Commercial Division Advisory Council

Farrell Fritz, P.C. on

As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of...more

Epstein Becker & Green

Punching Bag or Counterpuncher: Responses to a Frivolous Lawsuit

Epstein Becker & Green on

Congratulations. You’ve been sued in court in New Jersey. To make matters worse, the complaint is full of lies. Not distorted versions of the truth or someone’s interpretation of events that actually occurred, but outright...more

Proskauer - Advertising Law

La Croix Loses Rule 11 Battle but Wins War, as Plaintiff Retracts Lawsuit Allegations

National Beverage Corporation, the maker of the popular LaCroix sparkling water products, failed to obtain Rule 11 sanctions against a consumer plaintiff, but ultimately scored a major victory recently, when the plaintiff not...more

Ballard Spahr LLP

Meaningful attorney involvement: the CFPB’s new proposed “safe harbor” standard

Ballard Spahr LLP on

As part of our continuing discussion of the CFPB’s proposed debt collection rules, we focus in this blog post on a provision that occupies very little real estate in the proposal, but could have tremendous significance: a new...more

Foley & Lardner LLP

Courts Solidify Reach of China Agritech

Foley & Lardner LLP on

Circuit courts of appeal are solidifying the reach of the Supreme Court’s June 2018 decision in China Agritech v. Resh and curtailing the availability of equitable tolling in class contexts. The Supreme Court’s decision in...more

Dorsey & Whitney LLP

How To Get Your Crypto Currency Offering Enjoined

Dorsey & Whitney LLP on

Crypto currency has been all the fashion. Most proponents that have been confronted by a regulator – the SEC or CFTC generally – have quickly resolved the matter. Few have tried to litigate with the agencies and those who...more

Shutts & Bowen LLP

Are the Pleading Standards for Method Claims More Rigorous in the Context of Rule 11?

Shutts & Bowen LLP on

No. Micro Processing Technology, Inc. sent a letter to Plasma-Therm alleging that Plasma-Therm was infringing MPT’s patent. Plasma-Therm filed a declaratory judgment action seeking a declaration that it did not infringe....more

Womble Bond Dickinson

“Merest Sophistry”: Court Denies Rule 11 Motion in TCPA Case and Actually States that Defendant Wasted the Court’s Time

Womble Bond Dickinson on

I need to share another quick TCPA procedure lesson before I get some actual work done today.  Rule 11 Motions are not vehicles to test the merits of a claim. Keep that in mind lest a judge ask you not to waste the court’s...more

Foley & Lardner LLP

Bad Behavior in eDiscovery is Still Very Costly!

Foley & Lardner LLP on

...For those of us who practice regularly in the ediscovery realm, the December 1, 2015 amendment to Rule 37(e) was a much needed game-changer. In simple terms, amended Rule 37(e) eliminated the risk of the severest sanctions...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reminds Courts They Must Advise Defendants of the Immigration Consequences of Guilty Pleas

In United States v. Gonzales, 16-4318 (March 13, 2018), the Second Circuit (Sack, Parker, Carney) in a per curiam order vacated the conviction of a defendant who had pled guilty without being informed that he was likely to be...more

Jones Day

ALJ Denies Sanctions for Being Unsupported by Discovery Misconduct

Jones Day on

In a recent order, Administrative Law Judge (“ALJ”) Shaw denied Complainants’ Paice LLC and the Abell Foundation, Inc. (“Paice”) motion for evidentiary sanctions against Respondent Ford Motor Company (“Ford”) for allegedly...more

Patterson Belknap Webb & Tyler LLP

Above-Guidelines Sentences for Prostitution Ring Upheld, Including Where Portions of Rule 11 Transcript Missing

In United States v. Jiamez-Dolores, et al., 14-1840(L) (August 3, 2016) (Hall, Lynch, Chin), the Court in a per curiam order affirmed above-guidelines sentences given to two defendants who each pleaded guilty to one count of...more

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