[Download] "Miltier v. Downes" by United States Court of Appeals for the Fourth Circuit * Book PDF Kindle ePub Free

May 08, 2021

eBook details

Title: Miltier v. Downes
Author : United States Court of Appeals for the Fourth Circuit
Release Date : January 11, 1991
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 56 KB

Description

PHILLIPS, Circuit Judge Counsel for the claimant in this case were sanctioned under Rule 11, Fed. R. Civ. P., on the grounds that they opposed a summary judgment motion as to defendants, Wardens Ann Downes and Shirley Burton (the wardens), despite having no sound basis in fact or law for their claim against these defendants. Counsel took this appeal from the district court's order imposing a monetary sanction. Because we are not satisfied that the district court made an independent inquiry into counsel's position viewed at the time of the summary judgment motion, or considered the proper factors in awarding a monetary sanction, we vacate and remand for reconsideration in light of our opinion. I