Sanctions: The Federal Law of Litigation Abuse

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LexisNexis, May 16, 2012 - Law - 984 pages
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Federal courts have issued thousands of fines - many in excess of $1,000,000 - against attorneys and parties engaging in litigation abuse. The record: $114,687,675 in attorney's fees and fines imposed for discovery abuse in Bush Ranch, Inc. v. E. I. duPont de Nemours & Co. (11th Cir. 1996)

Make sure you know the law related to litigation abuse, as well as the latest changes that affect your practice, with Sanctions: The Federal Law of Litigation Abuse - a valuable resource for both judges and litigators.

Gregory Joseph, one of the nation's most effective and experienced commercial litigators, sheds light on these difficult subjects for you by clarifying the issues and conducting a logical, step-by-step survey of sanctions law and its ramifications.

Sanctions: The Federal Law of Litigation Abuse contains:

•  A current and comprehensive discussion of the law of sanctions, including Rule 11, Section 1927, Appellate Rule 38 and Section 1912, and the inherent powers of the court.

•  Thousands of critical cases that deepen the practioner's appreciation of the relevant on-point law and its interpretation.

•  Frequent comparison of the subjective focus of a sanction to its objective standard

•  Thorough discussion of the scope of each law, its construction and application, as well as procedural issues.

 

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Contents

Changing Perspectives
1980
Preliminary Assessment
2
Pleadings Written Motions and Other Papers
2
RELATIONSHIP BETWEEN SANCTION
17
2
Evidentiary Support
Inquiry into
MITIGATING AND AGGRAVATING FACTORS
An Appropriate Sanction Under Rule 26g
Procedural MattersRule 37
Local Federal Court Rules
1
Statements to the House Subcommittee on Intellectual
Table of Cases
Table of Statutes
Index

E ALLOCATION OF SANCTIONS
Costs Expenses and Attorneys Fees
Procedural Matters
Procedural Matters
Frivolous Appeals
Cumulative Supplement
Clarifications and Limitations
Bad Faith Litigation Abuse
Copyright

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