Tuesday, June 2, 2009

Rule 11 Sanctions Not Warranted Where Plaintiff's Position Was "Arguable" and Alleged Litigation Misconduct Could be Addressed in a Discovery Motion

Defendants' motion for Rule 11 sanctions was denied where the court found that plaintiff's position on standing was "at least arguable. . . . Defendants also base their request for Rule 11 sanctions on their allegation that Plaintiff did not produce [a license] Agreement until nearly a year after the litigation commenced. We view this as a claim of discovery abuse, and it should have been raised before the Magistrate Judge."

Alfred E. Mann Foundation For Scientific Research v. Cochlear Corp., 2-07-cv-08108
(CACD May 29, 2009, Memorandum & Order) (King, J.)

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