Garr v. U.S. Healthcare, Inc.

Although I share the majority’s view that Levin and Sklar’s conduct fell far short of the ideal, I do not share its belief that Rule 11 sanctions .are appropriate in this situation. Instead, I believe that, when a court finds that an attorney has filed a meritorious complaint, the court should not go on to inquire whether the attorney conducted an adequate investigation prior to filing the complaint. I therefore respectfully dissent.

Except for changes in the named plaintiffs and the number of shares they owned, the complaint filed by Levin and Sklar on behalf of the Garrs was identical to the…