How the Second Circuit Liberalized Rule 11 Sanctions Availability

August 20, 2012

A recent decision by the U.S. Court of Appeals for the Second Circuit, Star Mark Management v. Koon Chun Hing Soy & Sauce Factory, may have the potential to reverse that trend and revitalize Rule 11 sanctions as a weapon in the litigator’s arsenal, by severely limiting what must be included in the “motion” to trigger the running of the safe harbor period.

This article examines the practical implications of the Star Mark decision, both from the perspective of the potential movant and the potential target of a sanctions motion.