Sanctions: the federal law of litigation abuse
The sanctions movement continues to gain momentum. The federal courts have issued thousands of awards, many in excess of $1,000,000 against attorneys & parties engaging in litigation abuse. With new Rules 11, 26(g), & 37, the federal courts have created new regions of vulnerability for unwary attorneys. In Sanctions: The Federal Law on Litigation Abuse, Second Edition, author Gregory P. Joseph analyzes all the new rules & the other federal rules & statutes under which attorneys face sanctions.
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OVERVIEW OF THE LAWS GOVERNING LITI
PLEADINGS WRITTEN MOTIONS
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10th Cir 1927 sanctions 1st Cir 2d Cir 7th Cir abuse action Advisory Committee Note alleged amended apply appropriate sanction argument Ass'n attorney attorney's fees bad faith banc cert certification Circuit circumstances Civil Procedure client collateral estoppel complaint Corp costs counsel D.C. Cir default judgment defendant denied deter disclosure discovery request discretion district court district judge E.F. Hutton existing law fact factual failure Federal Rules filed frivolous impose sanctions imposition of sanctions improper purpose incurred Indus infra inherent power sanctions Int'l issue lawyer litigation merits misconduct monetary sanctions N.D. Cal N.D. Ill offender paper party's plaintiffs pleading position preclude presented pretrial proceedings reasonable expenses reasonable inquiry response Roadway Express Rule 11 motion Rule 11 sanctions Rule 37 safe harbor sanc sanctions award sanctions imposed Serv signed signer statute subdivision summary judgment Supp supra tion trial United warranted by existing written motion