Repleading Resets Rule 11 Sanctions Clock: 2nd Circ.

Law360, New York (September 16, 2010, 6:12 PM EDT) -- A federal appeals court grappling with a complex battle over Rule 11 sanctions has ruled that if a plaintiff secures the opportunity to replead its case, the sanctions clock is reset upon the filing of the new complaint.

In an order issued Thursday, the U.S. Court of Appeals for the Second Circuit found that when a district court has dismissed a prior complaint, and given a party leave to amend, the filing of the new complaint resets the clock for defendants seeking sanctions under Rule 11,...
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