Whitehead v. Food Max of Mississippi, Inc.

Notwithstanding my great admiration for my brethren in the majority, I respectfully disagree with their holding that the district court abused its discretion in imposing sanctions, pursuant to Rule 11 of the Federal Rules of Civil Procedure. Instead, I would hold that the district court acted within its considerable discretion in ruling that neither Paul S. Minor’s writ-request, nor his conduct during its execution, was objectively reasonable.

The majority quite properly labels Minor’s “intentional use of publicity for the purpose of embarrassing an adversary ... patently inappropriate”, Maj.…