· 6/25/2003
Mark A. Nisenbaum, Cross-Appellee v. Milwaukee County
Citations
- 333 F.3d 804
- 56 Fed. R. Serv. 3d 561
- 2003 U.S. App. LEXIS 12890
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that sending demand letter, rather than formal service of the motion, constituted substantial compliance
- finding that service of a letter satisfies Rule 11(c)(2)
- finding party entitled to a decision on the merits of their Rule 11 motion where they sent “a ‘letter’ or ‘demand’ rather than ‘a motion’” and gave over 21 days to respond
- “Party-initiated sanctions under Rule 11 depend on the filing of a motion under [Rule 11(c)(2)].”
- “This inability to recall is striking, . . . It amounts to a confession that the suit never had a factual basis.”
- “[Defendant] prevailed at trial, and the magistrate judge’s decision that a trial was essential precludes any shifting of trial costs back to [plain‐ tiff].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Easterbrook, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.