Monday, May 10, 2021

Rule 11 motion denied in Fireblok case

Hilti asserts that the district court improperly denied its Rule 11 Motion. Hilti argues that FireBlok’s case was weak and frivolous and that FireBlok lacked a good faith basis for the allegations in its complaint. In response, FireBlok argues that the court acted within its discretion in denying Hilti’s motion. FireBlok asserts that Hilti’s Rule 11 Motion failed procedurally and substantively by failing to identify specific conduct that allegedly violates Rule 11. See Fed. R. Civ. P. 11(c)(2). The court properly evaluated FireBlok’s conduct under an objective standard in determining that FireBlok had an objectively reasonable basis to pursue its claims based on the facts available to FireBlok before filing suit. See Memorandum Order at *3, *5. We discern no abuse of discretion in the court’s analysis.


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