What are the permissible bases for the legal contentions certified in a Rule 11 filing?

• A. Existing law only
• B. A nonfrivolous argument for extending, modifying, or reversing existing law
• C. A nonfrivolous argument for establishing new law
• D. Existing law OR a nonfrivolous argument for extending, modifying, or reversing existing law OR establishing new law

Answer: (D)

Rule 11 allows a party to certify legal contentions that have a legitimate basis in law. You can base those contentions on existing law, or on a nonfrivolous argument for extending, modifying, or reversing existing law, or for establishing new law. In other words, the filing can rely on what the law currently says, or it can argue that the law should be changed or expanded, including creating new legal principles, as long as the argument is nonfrivolous. The option that lists all three bases is the best because it fully captures every permissible basis the rule allows. The other options are narrower and omit one or more of the allowed bases.