My impression is that it is pretty difficult to get a Rule 11 decision against a plaintiff.

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My impression is that it is pretty difficult to get a Rule 11 decision against a plaintiff.

Author: NedoftheHill (30612 Posts - Joined: Jun 29, 2011)

Posted at 12:51 pm on Nov 22, 2020

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I'm not an in-court civil litigator, and I will defer to them (I don't believe conor is a federal court civil litigator), but I've managed a fair number of federal litigations (as the client), and the courts seem to bend over backwards to entertain the craziest arguments. The bar is set quite low. The courts clearly lean towards "access to the courts" and away from punishing frivolous lawsuits. Until we get "loser pays" this will always be a problem. Rule 11 seems to solve maybe 10-20% of cases I would call frivolous. Just my impression. I would welcome a federal civil litigator to comment.

This message has been edited 4 time(s).

First Freedom, then Glory—when that fails, wealth, vice, corruption—barbarism at last. - Byron

Replies to: "My impression is that it is pretty difficult to get a Rule 11 decision against a plaintiff."

This is how a federal court deals with Rudy quality nonsense... [LINK] - conorlarkin - 8:05pm 11/21/20 (18) [View All]
- These cases strike me as running afoul of FRCP Rule 11 too. - Shadow_of_the_Dome - 9:11am 11/22/20
  - I only handle criminal cases, but my understanding is that Rule 11 sanctions are seldom enforced. [NT] - conorlarkin - 4:50pm 11/22/20
  - My impression is that it is pretty difficult to get a Rule 11 decision against a plaintiff. - NedoftheHill - 12:51pm 11/22/20
- What happened to Russian interference we've been hearing about the last 4 years? [NT] - ELP - 10:26pm 11/21/20
  - Whatabout Russia? [NT] - Chris94 - 7:17am 11/22/20
    - Yeah. Exactly. Suddenly, not a problem. [NT] - NedoftheHill - 12:46pm 11/22/20
      - What? Sure it’s a problem. Ghouliani has already admitted that there is a 50% possibility that he - Frank L - 1:45pm 11/22/20
        You better talk to Chris about that then. Maybe we can all agree we need more investigations. [NT] - NedoftheHill - 2:36pm 11/22/20
  - The Russians were thwarted in 2020. [LINK] - conorlarkin - 12:01am 11/22/20
    - Hehe. [NT] - BaronVonZemo - 9:06am 11/22/20
  - Nothing. It moved on to Hunter Biden. Guliani was working with a Russian intelligence asset. [NT] - Frank L - 11:40pm 11/21/20
- He’s a no BS guy. Flooding the zone with garbage arguments and zero evidence isn’t a good strategy - Frank L - 9:38pm 11/21/20
- Reads like the ND '87 judge gave Rudy a real ass whupping. [NT] - ND521 - 8:42pm 11/21/20
  - und67, Hank, and Baron insist we should wait for “the evidence.” [NT] - conorlarkin - 8:52pm 11/21/20
    - just curious... if there is evidence, why wouldn't everyone with a brain be willing to wait for it? - und67 - 9:34am 11/22/20
      - Because the evidence would have already surfaced. Time to respect the verdict. [NT] - conorlarkin - 12:42pm 11/22/20
      - Swamp insiders do not have our best interest at heart. They actually despise us. [NT] - ELP - 11:04am 11/22/20
    - "Legal arguments w/out merit & speculative accusations" stitched "like Frankenstein's monster." Says - ND521 - 9:08pm 11/21/20