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."
Argued December 11, 2008
Decided July 31, 2009
Opinion by Judge Garland
John F. Karl, Jr., Covington, KY
Mercedeh Momeni, Assistant U.S. Attorney
Jeffrey A. Taylor, U.S. Attorney