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Old 11-20-2020, 06:54 PM   #384
Ksyrup
This guy has posted so much, his fingers are about to fall off.
 
Join Date: Nov 2000
Location: In Absentia
Federal rule 11(b), typically mimicked by similar state rules, is the mechanism by which attorneys can be held responsible for filing frivolous lawsuits. It's rarely used to begin with, so I don't think there's a chance in hell of it being used here (even though it certainly merits close review).

These are the standards:

Quote:
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.
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