Legal Opinion

McLaughlin v. Western Casualty & Surety Co.

District Court, S.D. Alabama

Decided April 24, 1985No. Civ. A. No. 85-0168-HPublishedCited by 3 opinions

1Opinion of the Court

*625ORDER

HAND, Chief Judge.

Counsel for Western Casualty have filed a motion for rehearing on ]the question of the imposition of sanctions under Rule 11. In support of this motion they have submitted affidavits and a brief.

The arguments for reconsideration run along three lines. First, counsel contend that the law is not so clear as to be indisputable. Second, counsel argue that Rule 11 sets forth a subjective standard. Finally, counsel assert that there was no bad faith.

Dealing with the second contention first, the very reason Rule 11 was amended was to put some “bite” in it. A purely subjective…

2Cases cited10 opinions

  1. Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
  2. City of Indianapolis v. Chase National BankSupreme Court of the United States · 1941
  3. Lucille Dorothy Peltier v. Robert Ernest PeltierCourt of Appeals for the First Circuit · 1977
  4. Zimmerman v. ConrailDistrict Court, S.D. New York · 1982
  5. Syms, Inc. v. IBI Security Service, Inc.District Court, S.D. New York · 1984

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3Cited by3 opinions

  1. Village Improvement Ass'n of Doylestown v. Dow Chemical Co.District Court, E.D. Pennsylvania · 1987
  2. Medical Legal Consulting Service, Inc. v. CovarrubiasDistrict Court, D. Maryland · 1986
  3. Hearld v. Barnes & Spectrum Emergency CareDistrict Court, E.D. Texas · 1985

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