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WHERE WE ARE

Learn about pleading requirements, including the law elements, facts inclusion, and proper format. Discover the consequences of Rule 11 violations and the scope of appellate review.

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WHERE WE ARE

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  1. WHERE WE ARE • Pleadings Complaint Answer 12(b) Motions Amended Pleadings • Pre-Trial • Trial & Post-Trial • Appeal

  2. PLEADINGThe Complaint Complaint Task 1: The Law Elements? Explicit v. Implicit Rule 11: How much research? Task 2: The Facts Include? How specific? Rule 11: How much investigation? Task 3: The Format Details, details, details

  3. TAKEAWAYS • What behavior violates Rule 11? • Improper purpose • The sleazebag • No law • The bad lawyer • The lazy lawyer • Perhaps also the leading edge lawyer? • No facts • The bad lawyer • The lazy lawyer • The sleazebag • The well-founded hunch? • Standard: “objectively unreasonable”

  4. TAKEAWAYS • How is Rule 11 enforced? • “Safe harbor” motion (unfiled for 21 days) • Motion filed (or court initiates) • Notice & opportunity to respond

  5. TAKEAWAYS • Appropriate sanctions for Rule 11 violations? • Options • Dismissal (claims, action) • Money • Paid by Lawyer • Paid by Party • Except for legal contentions, if represented • Costs • Expenses of motion, including atty’s fees • Standard • “sufficient to deter repetition” • “least severe that will adequately deter”?

  6. TAKEAWAYS • Scope of appellate review • Error of law • Did d.ct. apply correct legal standard? • Abuse of discretion • Did d.ct. appropriately exercise discretion?

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