7th Circuit sticks with its opinions

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 31, 2019 4:44 PM

Updated August 1, 2019 11:53 AM

One of John P. DeRose’s arguments on appeal from $66,191 in sanctions under Federal Rule of Civil Procedure 11 — that a letter and email demanding DeRose drop the lawsuit he was energetically pursuing on behalf of Joseph McGreal did not qualify as service of the “motion for sanctions” expressly required as a precondition by Rule 11(c)(2)’s safe-harbor provision — would have been a winner in eight of the U.S. Circuit Courts of Appeal, but not under a 7th Circuit opinion.Rule 11(c)(2) says …

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