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ARTICLE · 08 JULY 2016

The Punishing Effect Of Rule 11

Wilson Elser Moskowitz Edelman & Dicker LLP
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People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer.

United StatesLitigation, Mediation & Arbitration
William F. McDevitt
William F. McDevitt
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Federal courts correct bad litigation behavior, eventually.

People take being sued personally, and lawsuits can take an emotional toll on defendants, whether as an individual or as a representative of an employer. Anger and frustration always lead to the same questions: Can we sanction them for lying? Can I get my fees (or my insurance deductible) back? Won't the court do something?

Federal courts can and do sanction attorneys for lying, failing to investigate claims and "posturing" a case to get a settlement. But sanctions are reserved for the worst offenders, and it often takes multiple violations before attorneys' fees, costs or other monetary fines are imposed.

A Case in Point

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