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Filing With Your Fingers Crossed: Should a Party Be Sanctioned for Filing a Claim to Which There is a Dispositive, Yet Waivable, Affirmative Defense?
The complications involved in addressing whether Rule 11 sanctions on plaintiff are appropriate in an instance where affirmative defenses are available to defendant are addresses in this article. The federal court’s different ...
Rambo as Potted Plant: Local Rulemaking's Preemptive Strike Against Witness-Coaching During Depositions
Several federal district courts have enacted rules that seek to preempt attorneys from interfering with the discovery process through improper "witness-coaching" by prohibiting an attorney from engaging in off-the-record ...