United States DC Circuit

In an appeal from a Fed. R. Civ. P. 11 sanction issued against plaintiff's attorney, the order is vacated where: 1) there is no basis in the text of Rule 11(b)(3) for the legal proposition that an attorney must separately identify "fact" and "inference" in court papers; and 2) the "factual contentions" in plaintiff's pleadings had "evidentiary support."

Appellate Information

• Argued 12/11/2008
• Decided 07/31/2009
• Published 08/03/2009

Judges

• Before:  GINSBURG, GARLAND, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John F. Karl, Jr. argued the cause and filed the briefs for appellant., Richard R. Renner was on the brief for amicus curiae National Employment Lawyers Association in support of appellant.


• For Appellees:
  
• Mercedeh Momeni, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and Yule Kim, Assistant U.S. Attorneys.