United States Federal Circuit

In a contract dispute, an order imposing sanctions on the government's attorney for violations of counsel's duty of candor to the court under Rule of the United States Court of Federal Claims 11(b) is reversed and the case remanded where: 1) failure to inform the sanctioned attorney that his conduct in a prior case provided evidence of a pattern of misconduct constituted reversible error; and 2) a sanctioned attorney's mistake as to choice of theory or miscalculation of facts necessary to sustain the theory does not necessarily equate with breach of the duty of candor when the attorney does not make any affirmative representation based on the facts.

Appellate Information

• Decided 05/21/2008
• Published 05/21/2008

Judges

• CLEVENGER, Senior Circuit Judge., Before BRYSON, Circuit Judge, CLEVENGER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Jeffrey Clair, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for sanctioned party-appellant.