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Rule 11 Sanctions

Carlton Fields

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

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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

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

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

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

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

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

Carlton Fields

Eighth Circuit Reverses Sanctions on Lawyers that Settled Federal Court Class Action in State Court

Carlton Fields on

Last year at this time, we posted about two recent orders from a federal judge in Arkansas that found Rule 11 violations and abuses of the judicial process by attorneys for both the plaintiffs and the defense. Specifically,...more

Nutter McClennen & Fish LLP

Timing is Everything: The District of Massachusetts Clarifies Local Rule

Caffeinate Labs, Inc. filed patent infringement and other unfair business practices claims against defendants Vante, Inc. and Alex Shlaferman. One claim alleged infringement of a design patent. The defendants moved to dismiss...more

Skadden, Arps, Slate, Meagher & Flom LLP

Inside the Courts – An Update From Skadden Securities - June 2017

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February 2017 and April 2017. The cases address developing trends in class actions, ERISA, fiduciary duties,...more

Carlton Fields

Lawyers Sanctioned for Seeking to Settle Federal Court Class Action in State Court

Carlton Fields on

Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more

BakerHostetler

Patent Office Updates Rules for Post-Grant Proceeding Duty of Candor

BakerHostetler on

The United States Patent and Trademark Office recently amended 37 C.F.R. § 42.11 to include a certification requirement similar to that of Rule 11. Section 42.11 prescribes the duty of candor owed to the Patent Office. As...more

Burr & Forman

Federal Court Awards Sanctions Against the Filer of Improper Rule 11 Motion

Burr & Forman on

Be careful what you wish for. That was the message Middle District of Florida Judge Carlos Mendoza delivered in Claudet v. First Federal Credit Control, Inc., 14-CV-2068  (M.D. Fla. Nov. 17, 2015) to the filer of an improper...more

Brooks Pierce

Rule 11 Sanctions (Again!) From The NC Business Court

Brooks Pierce on

This month, for the second time in the last two months, Judge McGuire of the NC Business Court entered Rule 11 sanctions against a party whose attorney relied on inaccurate information from the client in making claims against...more

McDermott Will & Emery

Rule 11 Sanctions Are Rare and Reserved for the Most Egregious of Violations - Predator Int’l, Inc. v. Gamo Outdoor USA, Inc.

The U.S. Court of Appeals for the Tenth Circuit reversed an order sanctioning an attorney under Federal Rule of Civil Procedure 11, holding that the district court abused its discretion in finding the attorney’s tactical...more

Haight Brown & Bonesteel LLP

The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics...

In Law v. Wells Fargo Bank, N.A. (2015 S.O.S. 13–56099 – filed August 27, 2015), the Ninth Circuit joined the shortlist of Circuit Courts to hold that sanctions for bad-faith litigation tactics under 28 U.S.C. section 1927...more

Brooks Pierce

Business Court Awards Rule 11 Sanctions For Baseless Fiduciary Duty Claim

Brooks Pierce on

It is probably a good idea for a corporation to avoid making fiduciary duty claims against its employees (unless they are also officers and directors). Clients (or their lawyers) who insist on making such claims are liable...more

Polsinelli

With Prejudice: Judge Dismisses FCA Claim and Orders Sanctions Against Attorney

Polsinelli on

On October 16, 2014, United States Magistrate Judge Jeremiah McCarthy of the Western District of New York issued a Report and Recommendation to District Judge William Skretny in which he recommended dismissal with prejudice...more

Robins Kaplan LLP

Legitimate, Creative Advocacy Bars Rule 11 Sanctions

Robins Kaplan LLP on

Worldwide Home Products, Inc., v. Bed, Bath and Beyond, Inc., et al. Case Number: 1:11-cv-03633-MHD - Worldwide sued Bed, Bath and Beyond (BBB) for patent infringement of U.S. Patent No. 7938300 (“Nestable...more

Carlton Fields

Exaggeration of Counsel’s Class Action Experience Draws Rule 11 Sanction

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New York District Court Judge Shira A. Scheindlin found class counsel’s allegation that they were experienced and competent was false because they could not provide any case in which they were certified as class counsel or...more

McDermott Will & Emery

Pre-suit Claim Construction Analysis Must Satisfy Rule 11

Source Vagabond Sys. Ltd. v. Hydrapak, Inc. - Addressing the reasonableness of a pre-filing claim construction analysis in the context of Rule 11 sanctions, the U.S. Court of Appeals for the Federal Circuit affirmed a...more

McDermott Will & Emery

Exaggerated Allegations Based on Essentially No Evidence Equals Rule 11 Sanctions - Heller v. Cepia L.L.C.

The U.S. Court of Appeals for the Ninth Circuit affirmed the imposition of Rule 11 sanctions of $5,000 on a plaintiff’s attorney for exaggerating allegations in a complaint. As the court explained, the mere “presence of some...more

Levenfeld Pearlstein, LLC

Can Judges Prevent Abusive Patent Troll Litigation?

During the past several weeks public servants of all stripes have jumped into the fray with ideas on how to solve the problem of abusive patent troll litigation....more

Orrick, Herrington & Sutcliffe LLP

Seventh Circuit Remands for Possible Rule 11 Sanction on Counsel That Filed to Aqequately Investigate Confidential Witnesses

Plaintiffs’ counsel beware: to avoid Rule 11 sanctions you might actually have to talk to “con­fidential witnesses” yourself and corroborate their statements before citing them in a securities fraud complaint....more

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