Christian v. Mattell, Inc. 2003
Ethics > Rule 11 CivPro – pg381 – 9/3/09
Parties: Π – Mattel - ∆ in other lawsuit ∆ - Attorney for other π Procedural History: - Original lawsuit found for ∆ in summary judgment - Π attorney sanction for Rule 11b violations of $501,565 for frivolous action - He appeals based on the district court’s sanctions being tainted by non-Rule 11 factors Facts: - USC student created Claudene as a USC cheerleader doll and sues Mattel for copyright infringement for a similar doll - Mattel points out that the “Cool Blue” Barbie was copyrighted in 1991 - Π attorney declines withdrawing suit when date is demonstrated o Given 21 days then Mattel filed Rule 11 Legal Issue: Holding: Reasoning: - Behavior cited: o Improperly styled papers o Failing to appear o Tossing a doll o Lambasting and manipulating deposition o Misrepresentation in oral arg o Misstatement of law - ∆ rightly points out that non-Rule 11 factors are being impermissibly considered when levying sanction o Rule 11 for papers only Discovery abuses and misstatements not permissible Disposition: Remand to delineate the factual and legal basis for its sanctions orders Dissent/Concurrence: N/A
rence: N/A