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rsdsharp

(10,269 posts)
2. Two things: 1. Who's going to pay for this? 2. Who are you going to get to file the suits?
Mon Oct 14, 2024, 07:04 PM
Oct 14

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

Federal Rule of Civil Procedure 11(b).

This rule applies in the Federal Courts, but every state has a rule which is similar, if not identical. Good attorneys don’t engage in this kind of litigation. Those who do are subject to sanctions set out in section (c), against the party who filed the suit, the attorney and/or the law firm.

That’s in addition to sanctions which might be imposed by the state(s) where the attorney is licensed. Ask Rudy about that.

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