Kiobel v. Millson, No. 07-3903 - U.S. Second Circuit
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Kiobel v. Millson, No. 07-3903

In an appeal from an order pursuant to Fed. R. Civ. P. 11 sanctioning defense counsel for making factual representations that lacked evidentiary support, the order is reversed where, in light of the record evidence: 1) it was legally erroneous for the magistrate judge to conclude that the statement "there can be no doubt that the witnesses are giving testimony that counsel knows to be false" was utterly lacking in support and therefore sanctionable; and 2) counsel's possible overstatement of the money allegedly sent by plaintiffs' counsel to certain witnesses did not violate Rule 11.

Read Kiobel v. Millson, No. 07-3903

Appellate Information

Argued: January 12, 2009

Decided: January 8, 2010

Judges

Opinion by Judge Cabranes

Counsel

For Appellants:

Rowan D. Wilson, Douglas J. Dixon and Noah J. Phillips, Cravath, Swaine & Moore LLP, New York, NY

For Appellees:

Peter Nordberg, Stephen A. Whinston, Carey R. D'Avino, Berger & Montague, P.C., Philadelphia, PA