575 F. App'x 662
6th Cir.2014Background
- Plaintiffs sued Defendants alleging misrepresentation of Barack Obama as qualified for President, contending Obama did not meet natural-born citizen requirement.
- District court granted Defendants’ motion to dismiss for lack of standing and denied Plaintiffs’ motion to amend, finding failure to plead standing with specificity.
- District court also granted sanctions under 28 U.S.C. § 1927, awarding reasonable attorney fees related to the motion to dismiss.
- District court did not award Rule 11 sanctions because safe harbor requirements of Rule 11 were not met.
- Plaintiffs appealed challenging standing, sanctions, denial of amendment/reconsideration, and requested a hearing prior to sanctions; Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing viability | Dummett, Volodarsky, Maroney lacked standing | Plaintiffs failed to plead standing with specificity | No reversible error; district court properly found no standing |
| Sanctions under §1927 | Sanctions improper despite lack of merit | Claims lacked basis in law and fact | Affirmed sanctions; district court correctly applied law |
| Motion to amend | Should be allowed to add theory for standing | Amendment only to add new tort theory, not cure standing | Affirmed denial of amendment |
| Hearing prior to sanctions | District court should have held a hearing | No mandatory full evidentiary hearing; not required | No error; no hearing required |
Key Cases Cited
- Cook v. American Steamship Co., 134 F.3d 771 (6th Cir. 1988) (full evidentiary hearing not required for sanctions)