Adding to the List: The Latest Development in the Anomalous Seventh Circuit Substantial Compliance Approach

Abstract

In March 2017, in Northern Illinois Telecom, Inc. v. PNC Bank, N.A., the U.S. Court of Appeals for the Seventh Circuit reaffirmed its position to allow substantial compliance with Rule 11 of the Federal Rules of Civil Procedure (“Rule 11”). In so doing, the Seventh Circuit remains the only circuit to allow for substantial compliance with Rule 11, rather than require a strict adherence approach. The Seventh Circuit’s approach, however, runs counter to Rule 11’s plain language and undermines the policy goals of the rule. This Comment argues that the Seventh Circuit should require parties to strictly adhere to Rule 11’s requirements to alleviate concerns that arise from the substantial compliance approach.