United States Eighth Circuit

District court did not abuse its discretion in denying entry of default judgment following faulty service of process, or in dismissing complaint without prejudice, despite removal to federal court. Sua sponte award of sanctions jointly and severally against plaintiff attorneys under FRCP Rule 11 was an abuse of discretion.

Appellate Information

• Decided 12/10/2003
• Published 12/10/2003

Judges

• LAY, Circuit Judge., Before LOKEN, Chief Judge, LAY and BOWMAN, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David Johnston, argued, Washington, DC, for appellant.


• For Appellees:
  
• Neil K. Fulton, argued, Pierre, SD (Brent A. Wilbur, Pierre, SD, on the brief), for appellee.