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Achieving Balance in the Developing Law of Sanctions

A. Leo Levin, Syl Sobel
January 1, 1987

A paper that examines the application of the sanctions provisions of Federal Rule of Civil Procedure 11 during the first few years after the 1983 amendments to the rule, with emphasis on appellate cases. The paper describes emerging patterns, identifying situations in which the appellate courts have found sanctions to be clearly applicable and situations in which appellate courts have demonstrated restraint in applying the rule to certain litigation practices.