IN RE PENNIE & EDMONDS LLP

No. 02-7177.

323 F.3d 86 (2003)

In re PENNIE & EDMONDS LLP, Appellant.

United States Court of Appeals, Second Circuit.

Decided: March 14, 2003.


Attorney(s) appearing for the Case

Frank H. Wright, Frank H. Wright & Associates, New York, N.Y., for Appellant.

Before: NEWMAN and F.I. PARKER, Circuit Judges; and UNDERHILL, District Judge.


Judge UNDERHILL dissents with a separate opinion.

JOHN O. NEWMAN, Circuit Judge.

This appeal presents a narrow issue concerning the applicable mens rea standard when a trial judge, sua sponte, initiates a post-trial Rule 11 sanction proceeding because a lawyer permitted a client to submit a false affidavit at an earlier stage of the litigation. The specific issue is whether the lawyer's liability for the sanction requires a mental state of bad...

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