Commercial Litigation and Arbitration

Realleging Dismissed Claim without Curing Deficiency as Violating Improper-Purpose Clause of Rule 11

From Corrigan v. Dale, 2010 U.S. App. LEXIS 22149 (9th Cir. Oct. 19, 2010):

The district court properly granted Hille's and Scudder's motion for Rule 11 sanctions because Corrigan's filing of successive complaints based on previously-rejected propositions of law constituted harassment. See Buster v. Greisen, 104 F.3d 1186, 1189-90 (9th Cir. 1997) (reviewing for an abuse of discretion and upholding Rule 11 sanctions where later action sought to relitigate issues resolved in earlier action and was brought for the purpose of harassment).

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