United States Second Circuit

In an appeal from an order pursuant to Fed. R. Civ. P. 11 sanctioning defense counsel for making factual representations that lacked evidentiary support, the order is reversed where, in light of the record evidence: 1) it was legally erroneous for the magistrate judge to conclude that the statement "there can be no doubt that the witnesses are giving testimony that counsel knows to be false" was utterly lacking in support and therefore sanctionable; and 2) counsel's possible overstatement of the money allegedly sent by plaintiffs' counsel to certain witnesses did not violate Rule 11.

Appellate Information

• Argued 01/12/2009
• Decided 01/08/2010
• Published 01/08/2010

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before JACOBS, Chief Judge, LEVAL, and CABRANES, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Rowan D. Wilson (Douglas J. Dixon, Noah J. Phillips, on the brief), Cravath, Swaine & Moore LLP, New York, NY, for Appellants.


• For Appellees:
  
• Peter Nordberg (Stephen A. Whinston, Carey R. D'Avino, Keino R. Robinson, on the brief), Berger & Montague, P.C., Philadelphia, PA., for Plaintiff-Appellees.