Legal Opinion
Barber v. Miller
Court of Appeals for the Ninth Circuit
Decided June 12, 1998No. Nos. 96-55725, 96-55860PublishedCited by 115 opinions
1Opinion of the Court
CANBY, Circuit Judge:
Attorney Miles Carlsen appeals an award of Rule 11 sanctions against him, while Im-*709ageware cross-appeals the amount of the award and the refusal to give other sanctions. We reverse the award of sanctions, because the motion for sanctions was not served upon Carlsen 21 days before filing, as required by the 1993 amendments to Rule 11, so as to give Carlsen an opportunity to withdraw the complaint without suffering sanctions. See Fed.R.Civ.P. 11(c)(1)(A).
BACKGROUND
Carlsen initially filed in the district court, on behalf of his client Pamela Barber, a forty page complaint…
2Cases cited5 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Stephen Michael Ridder v. City of Springfield, Clark CountyCourt of Appeals for the Sixth Circuit · 1997
- In Re: Keegan Management Co., Securities Litigation. Michael Moore, and Lieff, Cabraser & Heimann Elizabeth J. Cabraser v. Keegan Management Company, a Delaware Corporation, Michael Moore, and Richard L. Jaeger Feldman, Waldman & Kline v. Keegan Management Company, a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1996
- George Hadges, William M. Kunstler v. Yonkers Racing Corp.Court of Appeals for the Second Circuit · 1995
- Elliott v. TiltonCourt of Appeals for the Fifth Circuit · 1995
3Cited by115 opinions
- B.K.B., Plaintiff-Appellant-Cross-Appellee v. Maui Police Department, County of Maui, County of Maui, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2002
- David M. Fink v. James H. Gomez, Director, Diana Carloni NourseCourt of Appeals for the Ninth Circuit · 2001
- Holgate v. BaldwinCourt of Appeals for the Ninth Circuit · 2005
- Barber v. MillerCourt of Appeals for the Ninth Circuit · 1998
- William T. Divane, Jr. v. Krull Electric Co., Inc., and John J. Curry, Jr.Court of Appeals for the Seventh Circuit · 1999
110 more not listed; retrieve them via the Exa API.