Bridges v. Diesel Service, Inc.
Yeazell, pp. 15-17
Facts: The plaintiff filed an
Issue: Should the plaintiff be sanctioned for a Rule 11 violation?
Rule: Attorneys and clients must do reasonable legal research before filing papers with the court. If they fail to do so, sanctions may be imposed in order to deter repetition of such conduct.
Analysis: The court says sanctions are not necessary because the plaintiff’s attorney (who they mention by name!!!) has learned “its” lesson. Rule 11 sanctions are reserved for exceptional circumstances and especially for substantive misrepresentation. In this case, the misrepresentation was of a procedural nature.
Conclusion: The motion for sanctions is denied.