Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: simpson96

America is in desperate need of LOSER PAYS. The fascist ‘RATS and snowflakes have EVERYONE boycotting everything and anything with the Trump name on it. These two biotches are lying. Any sensible judge needs to throw these two clowns out of court on their asses.


13 posted on 03/14/2017 9:11:30 AM PDT by FlingWingFlyer (I tried being reasonable, I didn't like it. - Clint Eastwood)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: FlingWingFlyer
I wouldn't go that far. "Loser pays" just means "deeper pockets wins." In the US legal system, awards of attorneys' fees are reserved for particularly bad conduct.

It is likely that this suit will chug along for a little while until it is settled by the Trump Hotel for far less than the cost of litigating it, unless the political motivation becomes factually apparent. If it does, bad things will likely happen to the plaintiff and his counsel:

Rule 11, Federal Rules of Civil Procedure.
(b) Representations to the Court.

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.


(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(2) Motion for Sanctions. A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion.

(3) On the Court's Initiative. On its own, the court may order an attorney, law firm, or party to show cause why conduct specifically described in the order has not violated Rule 11(b).

(4) Nature of a Sanction. A sanction imposed under this rule must be limited to what suffices to deter repetition of the conduct or comparable conduct by others similarly situated. The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

38 posted on 03/14/2017 10:07:42 AM PDT by Jagermonster (TANSTAAFL)
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson