United States Federal Circuit

An order imposing sanctions of $30,356.89 pursuant to Rule 11 of the Federal Rules of Civil Procedure on a law firm, pursuant to a finding that three claims it advanced on behalf of plaintiff were baseless legal theories that had no chance of success and for which no reasonable argument could be advanced, is affirmed in part where two claims were frivolous, but reversed in part as to the last which was not frivolous. On remand, the court is to reconsider whether to re-impose sanctions, although it may choose not to.

Appellate Information

• Decided 05/24/2010
• Published 05/24/2010

Judges

• DYK, Circuit Judge., Before MICHEL, Chief Judge, NEWMAN, and DYK, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Robert M. Ward, Kaplan Ward & Patel, LLC, of Atlanta, GA, argued for plaintiff-appellant. Of counsel were Barry E. Kaplan and Ashish Patel.


• For Appellees:
  
• Elizabeth G. Borland, Smith, Gambrell & Russell, LLP, of Atlanta, GA, for defendant-appellees. With her on the brief were Kerri A. Hochgesang, and Todd R. Williams.