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Pleadings Rule 11 -- Zuk. Zuk Background Facts What’s the factual background: P Zuk used to work for D EPPI P laid off In 1980 Asked for films (ignored)

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Presentation on theme: "Pleadings Rule 11 -- Zuk. Zuk Background Facts What’s the factual background: P Zuk used to work for D EPPI P laid off In 1980 Asked for films (ignored)"— Presentation transcript:

1 Pleadings Rule Zuk

2 Zuk

3 Background Facts What’s the factual background: P Zuk used to work for D EPPI P laid off In 1980 Asked for films (ignored) 1994 renews request for films Correspondence exchanged Says staff had been warned not to rent films

4 What is the Procedural History P files suit in 1995 D does what? Files to dismiss – 12(b)(6) Mails ______ re rule 11 Court does what? Dismisses complaint (Basis?) Book vs film copyright D owned films No infringement S/L

5 Post Dismissal History What requests does D file Atty’s fees under copyright act Rule 11 sanctions request What does court do Issues OSC re Rule 11 Trial Court Orders D and Atty to pay $15K as Atty’s fees Who appeals and who settles

6 Legal Bases for Award Copyright Act Does it justify award? Why? 28 U.S.C Does it justify award? Why? Rule 11 Does it justify award?

7 Did P’s Atty Violate Rule 11? Re S/L What did P allege? On what basis (under rule) What investigation had been done? What investigation should have been done? What did investigation show? Was there a violation? What is the standard?

8 Did P’s Atty Violate Rule 11? (Pt 2) Re Legal Contentions What is the standard? Copyright Law Does it matter that P Atty is a novice? Why doesn’t “same author” argument save P Atty? Property law issue Why isn’t this a basis for sanctions against P Atty?

9 What Sanctions Are Appropriate? What did trial court award? What basis? What factors should be considered in determining sanction? What would you assess as sanctions in this case? Did D follow proper procedure?


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