Rector v. Approved Federal Savings Bank
United States Court of Appeals for the Fourth Circuit
265 F.3d 248 (4th Cir. 2001)
Rector (plaintiff) sued Approved Federal Savings Bank (Approved) (defendant) asserting various causes of action. The district court dismissed the case, but allowed Rector to file an amended complaint. Approved then filed a motion for sanctions under Fed.R.Civ.P. 11 (Rule 11) based on Rector’s allegations in the amended complaint. The district court held in favor of Approved and ordered Rector to pay Approved’s attorney’s fees. Rector did not object to the motion on the basis of Approved’s failure to comply with Rule 11’s 21-day safe harbor provision. The 21-day safe harbor provision normally requires a party moving for Rule 11 sanctions to notify the adverse party of its intent to move for sanctions before submitting the motion to the court, in order to provide the adverse party time to remedy its frivolous allegations.
Rule of Law
Holding and Reasoning (Gregory, J.)
Dissent (King, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.