11 (b)(2)--(3) (treating filing of pleadings or motions as the attorney's certification that "the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous
argument for extending, modifying, or reversing existing law or for establishing new law" and that "the factual contentions have evidentiary support").
Where a defendant challenged the sentence after his guilty plea in a drug case, arguing that the District Court should have departed downward based on an overstatement of the defendant's criminal history, the judgment is affirmed because the refusal to grant a downward departure is not reviewable unless an unconstitutional motive is alleged, and there were no nonfrivolous
issues for appeal.
(161.) Alternatively, courts might require the existence of a nonfrivolous
legal claim with a chance of success, such as they do in access-to-the-courts claims.
Finally, EPA's repeated failure to comply with deadlines in this matter had led to three nonfrivolous
lawsuits, and the court wanted to avoid further litigation over EPA's apparent inability to meet its deadlines.
is whether the parties claiming federal jurisdiction are truly alleging a nonfrivolous
constitutional claim or are merely involved in a domestic relations dispute which has no reason for being in the federal courts under the federal question statute" (citation omitted)); Maryellen Murphy, Comment, Domestic Relations Exception to Diversity Jurisdiction: Ankenbrandt v.
Applicable to nearly every paper filed in federal court, Rule 11 provides that by presenting a filing, an attorney certifies, to the best of his or her knowledge, that the filing: (1) "is not being presented for any improper purpose," (2) contains factual contentions that have evidentiary support (or, if specifically identified, are likely to have evidentiary support upon further investigation), and (3) contains claims and contentions that "are warranted by existing law or by a nonfrivolous
argument" for the law's extension, modification, or reversal.
(115) Ultimately, if a client determined, after a cost/benefit analysis, that it wanted to undertake a nonfrivolous
inversion/earnings stripping/transfer pricing tax minimization strategy that could potentially subject the client (and even the tax adviser) to penalties, the hired gun tax planner would likely be willing to assist with those transactions.
Indeed, from the perspective of modern, as opposed to eighteenth century, governance norms, President Washington's business transactions posed a nonfrivolous
risk of moral hazard, conflicts, and corruption.
Thus, when a defendant presents nonfrivolous
reasons for imposing a different sentence, ...
85-352 Applies to (1985) requires a lawyers nonfrivolous
basis for a lawyer to "bring or defend a proceeding, or assert or controvert an issue therein." See also ABA Model Rule 3.3.
advance every nonfrivolous
legal argument possible.