3. Is it appropriate to award sanctions under Federal Rule 11(b)(3) if, after discovery, a factual contention is found to lack evidentiary support? If a paper has been signed, isn’t it appropriate to look at the pleading at the time of certification to determine whether sanctions ought to be imposed? See Uy v. Bronx Municipal Hospital Center, 182 F.3d 152 (2d Cir. 1999).

Would sanctions be appropriate if counsel continued to present the argument even after it was shown to lack factual support?