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· 6/13/2012

Star Mark Management, Inc. v. Koon Chun Hing Kee Soy & Sauce Factory, Ltd.

Citations

  • 682 F.3d 170
  • 82 Fed. R. Serv. 3d 1031
  • 2012 WL 2124698
  • 2012 U.S. App. LEXIS 12002

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Rule 11 “does not require the service of a memorandum of law or affidavits”
  • holding that a party complied with Rule 11 because “gave notice that it would be seeking sanctions under Rule 11 and identified six reasons why it believed Rule 11 had been violated”
  • holding that Rule 11’s safe harbor provision “is a strict procedural requirement”
  • noting that Rule 11 sanctions for pleadings are subject to “objective unreasonableness” standard
  • noting that “[t]he safe-harbor provision is a strict procedural requirement,” and that “[a]n informal warning in the form of a letter without service of a separate Rule 11 motion is not sufficient to trigger the 21-day safe harbor period”
  • defining a frivolous argument in context of Rule 11 sanctions as a legal position with “no chance of success” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Katzmann, Chin, Rosenthal

Read full opinion on CourtListener

Sourced 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.