Pleadings Rule 11 -- Zuk. Zuk Background Facts What’s the factual background: P Zuk used to work for D EPPI P laid off In 1980 Asked for films (ignored)

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Presentation transcript:

Pleadings Rule Zuk

Zuk

Background Facts What’s the factual background: P Zuk used to work for D EPPI P laid off In 1980 Asked for films (ignored) 1994 renews request for films Correspondence exchanged Says staff had been warned not to rent films

What is the Procedural History P files suit in 1995 D does what? Files to dismiss – 12(b)(6) Mails ______ re rule 11 Court does what? Dismisses complaint (Basis?) Book vs film copyright D owned films No infringement S/L

Post Dismissal History What requests does D file Atty’s fees under copyright act Rule 11 sanctions request What does court do Issues OSC re Rule 11 Trial Court Orders D and Atty to pay $15K as Atty’s fees Who appeals and who settles

Legal Bases for Award Copyright Act Does it justify award? Why? 28 U.S.C Does it justify award? Why? Rule 11 Does it justify award?

Did P’s Atty Violate Rule 11? Re S/L What did P allege? On what basis (under rule) What investigation had been done? What investigation should have been done? What did investigation show? Was there a violation? What is the standard?

Did P’s Atty Violate Rule 11? (Pt 2) Re Legal Contentions What is the standard? Copyright Law Does it matter that P Atty is a novice? Why doesn’t “same author” argument save P Atty? Property law issue Why isn’t this a basis for sanctions against P Atty?

What Sanctions Are Appropriate? What did trial court award? What basis? What factors should be considered in determining sanction? What would you assess as sanctions in this case? Did D follow proper procedure?