Issue: Is a lack of evidence of bad faith sufficient to defeat a motion for Rule 11 sanctions?
| Area of Law: | Ethics & Professional Responsibility, Litigation & Procedure |
| Keywords: | Rule 11 sanctions; Lack of evidence of bad faith; Denial of motion |
| Jurisdiction: | Federal |
| Cited Cases: | 78 F.3d 431 |
| Cited Statutes: | 28 U.S.C. § 1927; Rule 11 |
| Date: | 02/01/2001 |
To the extent a defendant seeks sanctions against pursuant to the Court’s inherent power, the motion must be denied where defendant has failed to present the requisite evidence of bad faith. Id. Defendant may also move for sanctions pursuant to the Court’s inherent power. However, just as a claim under 28 U.S.C. § 1927, a claim pursuant to the Court’s inherent powers also requires evidence of actual bad faith. In re Keegan Management Co. Secs. Litig., 78 F.3d 431, 436-37 (9th Cir. 1996).
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