United States Fourth Circuit

In an attorney's appeal from the District Court's sua sponte imposition of Rule 11 sanctions, the order is reversed, where: 1) the attorney made no misleading statement or failure to conduct a reasonable inquiry; and 2) Rule 11 does not permit an attorney to be sanctioned based on oral statements that do not refer to a prior paper in the case.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• Before WILLIAMS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mark Earl Nagle, Troutman & Sanders, L.L.P., Washington, D.C., for Appellant.  Manton McCutchen Grier, Haynsworth, Sinkler & Boyd, P.A., Columbia, South Carolina, for Appellee.   ON BRIEF:  William C. Boyd, Sarah Michaels Montgomery, Haynsworth, Sinkler & Boyd, P.A., Columbia, South Carolina, for Appellee.