Sixth Circuit Follows The Majority Of Circuits In Holding That Informal Warnings Do Not Satisfy Rule 11’s Safe Harbor Provision

Until last Friday, the question of whether an informal warning letter satisfied Rule 11’s safe harbor provision was unsettled in the Sixth Circuit.   In Penn, LLC, et al. v. Prosper Business Development Corporation, et al. (6th Cir. Case No. 14-3108) (PDF), the Sixth Circuit panel followed the Second, Fifth, Eighth, Ninth, and Tenth Circuits in holding… Continue Reading