Originally posted by: compuwiz1
Originally posted by: patentman
<--------------Soon to be lawyer: and even I know this isn;t right. Likely the claims will be thrown out and the lawyer will be hit with rule 11 sanctions for filing an excessively frivolous lawsuit.
What are rule 11 sanctions, and how exactly will they effect this guy?
Oh, and he needs to become a scumb sucking bottom dweller, sans an oxygen supply.
The Drycleaner is doing business in D.C., so likely only D.C. courts will have personal jurisdiction over them. D.C. is governed by Federal Law, so the Federal Code of Civil Procedure would apply in the case. Rules 11(b) and (c) of the Federal Code of Civil Procedure are on point:
(b) Representations to Court.
By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying 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 or to cause unnecessary delay or needless increase in the cost of litigation;
(2)
the claims, defenses, and other legal contentions therein are warranted by existing law or by a
nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3)
the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to 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 a lack of information or belief.
(c) Sanctions.
If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated,
the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.
"Appropriate" sanctions can range from public humiliation, to fees, to filing a formal complaint about the attorney to the relavent bar recommending punishment, which can be disbarment.
It is possible that he could be forced to pay the Defendant's costs, but that is pretty rare.