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All main topics / Law / Civil Law / Civil Procedure 1L
Zuk v. EPPI
The psychologist wanted his tapes back from his old employer.  D filed Rule11(c)(2) sanctions and 28 USCA 1927 sanctions b/c P's attny did not reasonably investigate facts or law.

H - Rule 11 sanctions ok, 1927 not ok b/c no bad faith.  Also, sanctions too severe, revisit.


28 U.S.C.A. sec 1927 also allows sanctions for being vexatious, i.e. bad faith.

Rule 11 was relaxed in an amendment, b/c lawyers became afraid of dropping weak claims as cases went on lest they be sanctioned.

Can get sanctioned for no investigation even if claim ends up appropriate - discourages lazy lawyering.

Remember Safe Harbor.
Tags: Pleading, Sanctions
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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