In this case of first impression, we must decide whether the 21-day "safe harbor" provision of Fed. R. Civ. P. 11 is a non-waivable rule of jurisdiction. We hold that it is not a jurisdictional rule and affirm the district court's assessment of sanctions.

I.

On April 9, 1999, Virginia attorney Edwin Rector ( "Rector"), per- sonally and as trustee for the Edwin Rector 1995 Charitabl

The underlying incident took place in the early morning hours of October 13, 1991, when plaintiffs Shawn Choate and Jose Bernal admittedly “provoked” some off-duty sheriff’s deputies into a “street fight.”

Choate, then 19 years old, and Bernal, age 20, passed the evening drinking and partying with a third friend, 17-year-old Albert Valladares, a member of the 

The underlying incident took place in the early morning hours of October 13, 1991, when plaintiffs Shawn Choate and Jose Bernal admittedly “provoked” some off-duty sheriff’s deputies into a “street fight.”

Choate, then 19 years old, and Bernal, age 20, passed the evening drinking and partying with a third friend, 17-year-old Albert Valladares, a member of the 

Armando Gonzalez, Michael Adams, and Victor Satas were in the business of condominium conversions in Cicero, Illinois. In 1999, they suddenly encountered obstacles thrown in their path by the Town of Cicero. They believed that Cicero, through its president Betty Loren- Maltese, was applying the laws to them in an unconstitutional manner. Together with a number of other people, they sued

This is an appeal from a temporary injunction which precludes the transfer of real estate pending the adjudication of the underlying lawsuit which seeks to impose a constructive trust. We conclude that the temporary injunction should not have been entered and reverse it.

I.

Defendant-appellant Mary Ann Portell is a real estate broker who represented Marc and Randi Jacobson ("clients") in

Mansion Hills Condominium Association ("Mansion Hills") appeals the trial court's judgment entered in favor of its insurer, American Family Mutual Insurance Company ("American Family"), on its claim for coverage under the employee dishonesty provisions of its business and property insurance policy. The issue on appeal is whether the office manager who embezzled funds from Mansion Hills was the emp

In 1995, Geraldine Rendler applied to Corus Bank to finance the purchase of a condominium and received both an adjustable rate note secured by a first mortgage and a home equity line of credit secured by a second mortgage under Corus Bank's 80/20 loan program. Rendler subsequently sued Corus Bank under the Truth in Lending Act ("TILA"), alleging that the bank violated the Act by issuing

This case arises from the 1996-1997 winter flood in Carson City, Nevada. Attempting to control the flood, Carson City decided to channel the waters down East Fifth Street. Some of the water overflowed from the city’s storm drainage system and flooded Terry and Mary Ann Nylund's condominium. The Nylunds sued Carson City, alleging, among other things, that the city was negligent in its handlin

Saaman Corporation appeals from the circuit court's judgment in favor of Ronald J. DeChant. Seller contends the circuit court's judgment is not supported by substantial evidence and is against the weight of the evidence. Because we find the circuit court's judgment is not supported by substantial evidence and is against the weight of the evidence, we reverse.

Seller is a Missouri corporatio

On review of this appeal and cross-appeal, we conclude that the trial court's findings and legal conclusions are contradictory and cannot be reconciled. Therefore, we vacate the final judgment and postjudgment order and remand for a new trial on all issues.

Background and Litigation in Circuit Court

On December 23, 1993, Centex Rooney Construction Co., a general contractor, subcontracted

This is an appeal from a lawsuit filed by appellants to set aside the non-judicial foreclosure of their homes by their condominium owners' association. On cross-motions for summary judgment, the trial court granted summary judgment against appellants and denied their own motion for partial summary judgment. In five issues, appellants contend that the trial court erred (1) in affirming non-judic

At issue in this case are the requirements for a valid waiver of the implied warranty of habitability. The plaintiff, the Board of Managers of the Village Centre Condominium Association, Inc. (the Board), as representative of the owners of condominium units in relation to matters involving common elements, filed a one-count complaint in the circuit court of Cook County against defendants, Wilmette

In a defamation action by appellants Denny J. Berioz, Robert Delmer, and Samuel T. Rees, the trial court granted motions for summary judgment by defendants and respondents Elena Gladys Alamo Janine, Therese Marian, and Tony Wahl. We affirm.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

On July 17, 1997, appellants filed their complaint against respondents, as well as Charlotte Boddeker,

The defendants 1 appeal from the judgment of the trial court in favor of the plaintiff on her two count complaint. We affirm the judgment of the trial court with the exception of the $625 in attorney’s fees that the court awarded to the plaintiff on the first count of her complaint.

The following facts are relevant to this appeal. The plaintiff, an attorney, brought this collection

The plaintiff, Ronnie Fields, appeals from the summary judgment rendered in favor of the defendant, the housing authority of the city of Stamford (housing authority), for failure to give notice in accordance with General Statutes § 8-67. On appeal, the plaintiff claims that the trial court improperly granted the defendant’s motion for summary judgment on the basis of his noncompliance

Ara Yardum ("Appellant") sued Andrew Scalese ("Appellee") for trespass, private nuisance, and negligence in connection with renovations to Appellee's condominium unit that Appellant alleges infringed upon the quiet enjoyment of his condominium unit that is located directly below the Appellee's. The trial court granted final summary judgment in favor of the Appellee from which the Appellant now app

Five condominium owners (Owners) brought an action against a condominium developer corporation and operator corporation seeking revision of condominium declarations, bylaws, and related documents. On appeal, Owners argue (1) that past acts of the illegally constituted board of directors of Kidron Bethel Condominium, Inc. (Association) were unlawful and invalid; (2) that persons who are not condomi

The plaintiffs, the Wolfeboro Neck Property Owners Association, an incorporated association of property owners in a Wolfeboro subdivision known as Embassy Estates, together with Bruce C. Beck, an individual property owner in that subdivision, appeal an order of the Superior Court (Fauver, J.) denying their petition to lay out two roads within the subdivision. We reverse and remand.

Wolfebor

This writ concerns whether the sellers of a condominium were properly granted summary judgment against the buyer, where the buyer alleged fraud in the inducement of a contract of sale waiving all warranties and rights to sue in redhibition. Finding that there is an absence of factual support to show fraud, which is essential to the buyer’s claim, we affirm.

FACTS AND PROCEDURAL HISTO

Appellants, Bahram Aghili and Mitra Rafii, appeal a summary judgment granted against them in a lawsuit they brought to set aside the non-judicial foreclosure of their homes by their condominium owners’ association. Although they bring five issues, we address only one: whether the trial court erred in admitting as evidence the affidavit of the lawyer who conducted the non-judicial foreclo

Three into two don't go -- not when the three are the only unit owners in a condominium apartment building and the two are outside parking spaces that are part of the development but are not mentioned in the Declaration of Condominium Ownership.

The inevitable happened. One owner, a latecomer to the building, sued the other two owners who had staked claims to the two spaces by voting to amen

The Shipway Place Condominium suffered extensive roof damage which appellants attribute to a particularly heavy snowstorm that fell in the Boston area on April 1, 1997. Appellee St. Paul Fire and Marine Insurance Company denied coverage after concluding that: (i) no "collapse" had occurred, as required by the insurance policy; and (ii) any collapse that did occur was not caused by the heavy snow,

Plaintiff Lisa J. Girden appeals from a judgment entered on February 22, 2000 in the United States District Court for the Southern District of New York (Knapp, J.), dismissing her complaint following an unfavorable jury verdict. In her complaint plaintiff alleged she was sexually assaulted by a hotel employee, defendant David Titus, while on vacation at a Caribbean resort owned and operated by def

Reliance Insurance Company appeals a judgment entered on a multimillion-dollar jury verdict. The jury found that Reliance acted in bad faith when it withdrew its defense of insured real estate developers in a construction-defect suit brought by a homeowners' association, and refused to pay the resulting default judgment. We reverse the judgment inas- much as it permitted the homeowners to rec

Premises liability - failure to operate apartment complex pool in accordance with municipal ordiances with resulting death of two-year-old Noah Austin. Defendant Les Chateaux, Inc., a condominium complex, failed to maintain a proper fence around the condominium pool. The fence was bent, broken, and missing in enormous places. The Defendant had been warned on several prior occasions of the conditi