Sanctions rules cannot punish suits built on circumstantial evidence.

Evidence

“Rule 11 is a useful tool to restrain frivolous and abusive litigation,” the judge wrote. “Rule 11 may not be used, however, to harass the serious litigant whose claim may depend upon circumstantial evidence and may not be fully developed at the time the complaint is filed.” The EPA reports and the study of the Woburn leukemia cluster by the Centers for Disease Control constituted sufficient grounds for filing a complaint. “Accordingly, defendant’s Rule 11 motion is DENIED.” — , Harr Jonathan - A Civil Action, 580

Categorization

  • SEED: An essay on Rule 11 as gatekeeper: how a procedural device meant to curb abuse can also silence plaintiffs whose proof only appears after discovery.
  • XREF: connects to: Circumstantial evidence cannot support legal liability when resting entirely on speculation — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 237; Circumstantial evidence must support a reasonable inference rather than mere speculation — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 222

Broader Connections