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Civil Procedure - Rule 11 Sanctions Revisited: Townsend V. Holman Consulting Corporation, Annette M. Wilson
Civil Procedure - Rule 11 Sanctions Revisited: Townsend V. Holman Consulting Corporation, Annette M. Wilson
Golden Gate University Law Review
This article examines the Townsend decision and its interpretation and application of Rule 11 sanctions. It further examines the development of Rule 11 sanctions in light of the liberal pleading standards introduced with the advent of the Federal Rules in 1938. Finally, the article reviews the criticisms and comments leveled at Rule 11, and speculates on its future and its impact on federal court litigation.
Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen
Civil Procedure - Townsend V. Holman Consulting Corp.: Rule 11 Sanctions, Ignorance Or Vigorous Litigation Is No Excuse, Donna H. Mullen
Golden Gate University Law Review
In a unanimous en banc ruling, the Ninth Circuit Court of Appeals, in Townsend v. Holman Consulting Corp., held that an attorney may be sanctioned under Rule 11 of the Federal Rules of Civil Procedure for a partially frivolous pleading. The court rejected the argument that the pleadings could not be the subject of sanctions because they also included non-frivolous requests for relief. Prior Ninth Circuit decisions had permitted imposition of Rule 11 sanctions only when the pleading as a whole was frivolous. This decision expands attorney liability under Rule 11 and vacates an earlier panel decision of the Ninth …