Superior Court Applies Rule 11 Analysis Sua Sponte

Villare v. Katz, C.A. No. 08C-10-061 PLA (Del. Super. June 9, 2010), read opinion here. The short purpose for referencing this opinion on this blog is for its discussion of Rule 11 which is based on the federal rule. Although this case relies on the version of Rule 11 used in the Delaware Superior Court, the version in the Delaware Court of Chancery is substantially similar and therefore may be of interest to readers of this blog. In particular, this cases involves a Court acting on its own initiative, following the issuance of an order to show cause, and concluding in this decision that it would enter an order directing payment of a penalty pursuant to Rule 11(c)(2), and based on what the Court found was a violation of Rule 11(b)(3) and possibly also a violation of Rule 11(b)(1). See footnote 15.