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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 ...
Sanctioning Legal Organizations Under the New Federal Civil Rule 11: Radical Changes Loosen More Unforeseeable Forces
Prompted by their perception that significant civil litigation misconduct involving frivolous papers was occurring in federal trial courts, the federal judicial rulemakers first effected a major overhaul of Rule 11 of the ...
Disciplinary Referrals Under New Federal Civil Rule 11
The 1983 amendments to Federal Civil Procedure Rule 11, concerning sanctions for frivolous litigation papers, prompted much controversy and satellite litigation. By the latter 1980s many called for further changes to the ...
Fines Under New Federal Civil Rule 11: The New Monetary Sanctions for the "Stop-and Think-Again" Rule
The 1983 amendments to Federal Rule of Civil Procedure Rule 11, which dealt with frivolous litigation papers, prompted much controversy, satellite litigation, and a new cottage industry, Rule amendments in 1983 increased ...