MBE Sample – Question 10 - Actual
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MBE Sample - Question 10
A 50-year-old nurse who had been fired from his job at a hospital told his attorney, “I was fired because of my age, and I want to sue the hospital.”
Based on this information, the attorney filed an age discrimination complaint against the hospital in federal court. As it turned out, the hospital had hired a 52-year-old man as the nurse’s replacement, a fact that rendered an age discrimination claim unavailable. The hospital responded to the complaint by filing a motion for sanctions against the nurse’s attorney.
Is the court likely to grant the hospital’s motion?
A
No, because sanctions are not proper against the attorney of a represented party.
B
No, because the hospital failed to give the attorney the chance to withdraw the complaint in advance of filing the motion with the court.
C
Yes, because the nurse’s attorney failed to conduct a reasonable pre-filing inquiry.
D
Yes, because the nurse’s complaint contained legal contentions that were not warranted by existing law based on the facts in this case.
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