As word of the McIntosh dismissal of extra-contractual claims made the rounds in the blogosphere, there were suggestions that Rule 11 concerns played a role – none, of course, bothering to explain what the Rule might be for those of us more familiar with Rule 42.
(b) Representations to the Court.
By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances: (emphasis mine below)
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
So, there it is and amazingly enough the suggestions were that 11b might be a concern to McIntosh Continue reading “Oh, I see but in Katrina litigation is the Rule 11b or 42?”