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Civil Procedure Keyed to Glannon
Hunter v. Earthgrains Co. Bakery
Citation:
281 F.3d 144 (4th Cir. 2002)Facts
A North Carolina attorney filed a class action lawsuit in the Western District of North Carolina on behalf of former employees of the Defendant. Summary judgment was granted for the Defendant and, as a sanction under Federal Rule of Civil Procedure 11, the attorney was suspended from the practice of law in the district for five years. The district court found that the attorney had advanced a frivolous argument in the litigation, related to whether the claims at issue in the litigation had to be determined by arbitration, and that the attorney had advanced a legal position that was not the law of the circuit. The attorney appealed from the order imposing the sanction against her.
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