How the Second Circuit Liberalized Rule 11 Sanctions Availability

Reflecting on 'Star Mark Management.'

, New York Law Journal


Robert J. Jossen and Neil A. Steiner, partners at Dechert, write that since the 1993 amendments to the FRCP, sanctions motion practice has become a relatively small part of litigation in commercial cases in federal court, typically reserved by most practitioners for rare and truly egregious misconduct. In the view of some, this development also improved the civility among litigators. A recent decision by the Second Circuit may have the potential to reverse that trend and revitalize Rule 11 sanctions as a weapon in the litigator's arsenal.

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