Tag Archives: Rule 11

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

Sixth Circuit Reverses $107k Rule 11 Sanctions and Antisuit Injunction

In PT Pukuafu Indah, et al. v. Newmont Mining Corp. (6th Cir. Nos. 09-02117/2570, 10-1477/1837) (PDF), the Sixth Circuit reversed a hefty Rule 11 sanction determination, including an award of over $107,000 in attorneys fees and an injunction permanently enjoining the plaintiffs from filing lawsuits against the defendants in any federal or state court. In … Continue Reading