Lucas v. Duncan, No. 07-5264

In an appeal from a Fed. R. Civ. P. 11 sanction issued against plaintiff's attorney, the order is vacated where: 1) there is no basis in the text of Rule 11(b)(3) for the legal proposition that an attorney must separately identify "fact" and "inference" in court papers; and 2) the "factual contentions" in plaintiff's pleadings had "evidentiary support."

Read Lucas v. Duncan, No. 07-5264

Appellate Information

Argued December 11, 2008

Decided July 31, 2009

Judges

Opinion by Judge Garland

Counsel

For Appellant:

John F. Karl, Jr., Covington, KY

For Appellee:

Mercedeh Momeni, Assistant U.S. Attorney

Jeffrey A. Taylor, U.S. Attorney