11, the concerns expressed in the Advisory Committee Note to Rule 11, and the primary goal of Rule 11 to deter abusive pleadings, a single objective standard should be applied to all parties-attorneys, represented parties, and pro se litigants-to determine whether Rule 11 has been violated....
In 1796, the United States Supreme Court formulated what has become known as the "Americanrule"8 - generally, a prevailing party in a lawsuit may not recover his attorney fees.9 See generallyJohnson & Cassady, Frivolous Lawsuits and Defensive Responses to ThemHarmon, Bart G...
Lessons in Eliminating Statutory Vagueness: Rule 11 of the FRCP as a Model for Removing the Good Faith Fulcrum from Section 707(a) of the Bankruptcy CodeNDNY 1996)). See In re Padilla, 222 F.3d at 1192; Kluge v. Huckfeldt (In re Huckfeldt), 39 F.3d829, 832 (8th Cir. 1994); ...
The most important rule of all is the last sentence of [FRCP] 1, which provides that the Federal Rules of Civil Procedure 'shall be construed to secure the just, speedy, and inexpensive determination of every action.' It is this command that gives all the other rules life and meaning and...