FEDERAL RULES OF CIVIL PROCEDURE

Purpose:

11 (a) –
• Every pleading and written motion or other paper must be signed by at least one attorney
or by a party if they are unrepresented.
• It must state the attorney's or party's address, email address, and telephone number.
Unless stated otherwise, a pleading need not be accompanied by an affidavit.
• The court will strike an unsigned paper unless this omission is promptly corrected.
11(b)-
• When submitting a pleading, written motion, or other paper to the court
◦ an attorney/unrepresented party certifies that
▪ It is not being used for any improper use (harass, increase cost of litigation, etc)
▪ The claims, defenses, other contentions are warranted by the law
▪ The facts have evidentiary support or will have after further investigation
▪ Denials of facts are warranted on the evidence or are reasonably based on belief or
lack of information.

Rule 11 is violated only if, at the time of signing, the signing of the document filed was objectively
unreasonable under the circumstances.
Case: Bridges v. Diesel Service, Inc.

Citation: 1994 U.S. Dist. LEXIS 9429 (E.D. Pa. 1994)

Date: 1994

Court:

Procedural History: James Bridges (P) filed action against Diesel Service, Inc. (D) under the
Americans with Disabilities Act. Trial court dismissed Bridges' complaint for failure to file a charge
with the EEOC until after commencement of this action. Bridges (I think) filed a motion for sanctions
in line with Fed. R. Civ. P. 11.

Issues Presented:
• Did the Bridges' counsel violate Rule 11 of Fed. R. Civ. P. when he failed to meet the filing
requirements of the EEOC?
• Should sanctions for failure to exhaust administrative remedies be granted to the Bridges?
Holdings:
• Yes, the counsel did not show a competent level of legal research.
• No, not in this case.

Rules of Law:
• Rule 11 is violated only if, at the time of signing, the signing of the document filed was
objectively unreasonable under the circumstances.

Relevant Facts:
• James Bridges filed action against Diesel Service, Inc. under the ADA.
• D alleged that they dismissed him from his job as a result of a disability.
• In June 29, 1994, Plaintiff's complaint was dismissed for failure to exhaust administrative
remedies (failure to file charge with the Equal Employment Opportunity Commission until after
the commencement of this action.
• Defendant sued his attorney for violating Rule 11.
• The counsel was confused by the different interpretations of the Supreme Court's holding in a
case interpreting the EEOC filing requirements.

Analysis:
There is no doubt that the plaintiff's counsel did not do adequate legal research and did indeed violate
Rule 11. However, Rule 11 is not a “fee-shifting” device. The goals of this rule is to prevent careless
conduct by counsel. In this case, monetary sanctions were not necessary as the court deemed that the
counsel has learned its lesson. The counsel quickly acknowledged its error and tried to rectify the
situation by filing charge with the EEOC and moving to place this action in civil suspense. Sanctions
for Rule 11 should be used for frivolous circumstances.

FEDERAL RULES OF CIVIL PROCEDURE

8 (a) A pleading that states claim for relief must contain:

1. a short, plain statement of the grounds for the courts jurisdiction unless the court already
 has jurisdiction.
2. A short, plain statement of claim, showing that the pleader is entitled to relief.

Case: Bell v. Novick Transfer Co.

Citation: 17 F.R.D. 279 (D. Md. 1995)

Date: 1995

Court:

Issues Presented:
• Did plaintiff violate Rule 8 by failing to state a claim against the defendants upon which relief
can be granted?

Holdings/Analysis:
• No, the requirements of Rule 8 requires only “ a short and plain statement” of the claim. No
more specificity is needed to validate his claim.

Facts:
• Ronald Bell (infant plaintiff) was riding in an automobile headed on Race Road when the
automobile was struck by an automobile tractor-trailor owned by Novick Transfer Company,
Inc.
• The infant plaintiff was injured.

Case: Peters v. Dodge COMPLAINT

It states a jurisdiction ( Michigan)

It gives reason for claim showing that plaintiff is entitled to relief ( “Dodge negligently collided
with plaintiffs car...injury to plaintiff's person)

DEFINITIONS:

plaintiff: a person who brings a case against another in a court of law

defendant: an individual, company, or institution sued or accused in the court of law.

Pleading: A formal statement of the cause of an action or defense.

Complaint: The plaintiff's reason for proceeding in a civil action.

claim/cause of action: (1) state or assert that something is the case, typically without providing
evidence or proof. (2) a demand or request for something considered for one's due.

Answer: The defendant's reply to the plaintiff's charges.

jurisdiction: The official power to make legal decisions and judgments.

Discovery: Discovery rules compel parties and others involved in a lawsuit and to cooperate in the
unearthing of factual background.

Sanctions: A threatened penalty for disobeying a law or rule. (2) [LAW] a law or decree.

motion: an application for a rule or order of court.

Judgment: a decision concerning a defendant or legal matter.

verdict: a decision on a disputed issue in a civil or criminal case or an inquest.

Appeal: apply to a higher court for a reversal of the decision of the lower court.

Equity: a branch of law that developed alongside common law in order to remedy some of its defects
in fairness and justice, formerly administered in special courts. (2) applies to the quality of being fair
and impartial.

Ethics: moral principles that govern a person's or group's behavior.