United States Second Circuit

Where a sua sponte Rule 11 sanction denies a lawyer the opportunity to withdraw the challenged document pursuant to the "safe harbor" provision of Rule 11(c)(1)(A), the appropriate standard by which to measure the lawyer's liability for the sanction is subjective bad faith. Lawyer sanctions are vacated.

Appellate Information

• Decided 03/14/2003
• Published 03/17/2003

Judges

• Before:  NEWMAN and F.I. PARKER, Circuit Judges;  and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Frank H. Wright,Frank H. Wright & Associates, New York, N.Y., for Appellant.