| Venue: | E.D. PA |
| Facts: | Bridges alleges that his termination was in violation of the ADA, but never filed a charge with the EEOC until after this action was commenced. |
| Posture: | After dismissal for failure to exhaust administrative remedies, defendants move for Rule 11 sanctions. |
| Issue: | Does this meet the standard for sanctions? |
| Holding: | No. Denied. |
| Rule: | Attorneys must make reasonable efforts to be sure they're not filing something frivolous, improper, etc. |
| Reasoning: | OK, so this is a pretty elementary error, but it's easily cured (and
plaintiff has done so). The goal of the sanctions is to deter,
which is not necessary here. Also, this isn't the sort of
exceptionally bad lawyering that gets sanctions.
Rule 11 means: think before you file a pleading. And we're not impressed with plaintiff here. |
| Dicta: | We also don't want to chill Title VII litigation. |