7th Circuit stymies safe-harbor challenge to Rule 11 sanctions

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Fisher LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted July 9, 2019 12:06 PM

Today’s case looks at Federal Rule of Civil Procedure 11 and the safe-harbor provision that allows a party time to withdraw a questionable pleading to escape the threat of being sanctioned.The 7th U.S. Circuit Court of Appeals explained in its ruling that it requires only “substantial compliance” with the safe-harbor provision — letters or emails to opposing counsel instead of a motion will suffice. While eight other circuits require “strict compliance” — a motion, not letters and emails, must be served.In McGreal v …

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