Legal Opinion

Kaplan v. DaimlerChrysler, A.G.

Court of Appeals for the Eleventh Circuit

Decided May 30, 2003No. 02-12453PublishedCited by 63 opinions

1Opinion of the Court

EDENFIELD, District Judge:

We are asked in this case to decide whether a district judge erred in sua sponte imposing F.R.Civ.P. 11 sanctions against a party for filing, the judge concluded, unnecessary (and one frivolous) in limine motions on the eve of trial. We conclude that he did, both procedurally (there exists a material variance between the court’s show-cause notice and the ultimate basis for the sanction imposed) and *1253on the merits (the complained-of conduct does not meet Rule 11’s “akin-to-contempt” standard).

I. BACKGROUND

Alleging, inter alia, strict products liability, Elwood and…

2Cases cited14 opinions

  1. Portia Bass v. E.I. Dupont De Nemours & Company, Portia Bass v. E.I. Dupont De Nemours & Company, Portia Bass v. E.I. Dupont De Nemours & CompanyCourt of Appeals for the Fourth Circuit · 2003
  2. Jurldine A. Donaldson v. Paul v. ClarkCourt of Appeals for the Eleventh Circuit · 1987
  3. William Riccard v. Prudential Insurance CompanyCourt of Appeals for the Eleventh Circuit · 2002
  4. In Re Pennie & Edmonds LLPCourt of Appeals for the Second Circuit · 2003
  5. United National Insurance Company, a Pennsylvania Corporation, and Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company v. R&d Latex Corporation, a Georgia Corporation Royalty Carpet Mills, Inc., a California Corporation, and Mydrin, Inc., for Itself and as Successor in Interest to R&d Latex Corp., Mydrin, Inc., for Itself and as Successor in Interest to R&d Latex Corp., Plaintiff-Counter v. Travelers Casualty and Surety Company, Formerly Known as Aetna Casualty and Surety Company, Defendant-Counter-Claimant-Appellant, and William C. Morison-Knox and Michael D. ProughCourt of Appeals for the Ninth Circuit · 2001

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3Cited by63 opinions

  1. Peer v. LewisCourt of Appeals for the Eleventh Circuit · 2010
  2. Jenkins v. Methodist Hospitals of Dallas, Inc.Court of Appeals for the Fifth Circuit · 2007
  3. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2009
  4. Young v. City of Providence Ex Rel. NapolitanoCourt of Appeals for the First Circuit · 2005
  5. Michael Gulisano v. Burlington, Inc.Court of Appeals for the Eleventh Circuit · 2022

58 more not listed; retrieve them via the Exa API.

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