Your comments are always educational and stimulating, Carl.
As a matter of policy, it seems to us that rules for civil
procedures should encourage the Courts to become more proactive,
sanctioning lawyers and law firms that might propagate frivolous
lawsuits on behalf of clients with deep pockets.
Rule 11(C) 2 of "Federal Rules of Civil Procedure," could authorize
the Court to use monetary orders "sua sponte" against law firms,
who, in the Court's opinion, misuse Federal law on behalf of a
client, rather than relying on a motion from the opposing party.
This would give Federal judges more clout to prevent frivolous
litigation and disregard for Federal Rules, particularly with
respect to the correct application of RICO, rather than, in the
parlance of the profession, a "heavy club" used to intimidate, as a
consequence of triple damages.
Fortunately, the law does manage to work, particularly when
practiced by lawyers not guided by the bottom line.
Jim
--- In
gentlewindvictims@yahoogroups.com, "Carl Starrett" <chs@...>
wrote:
>
> Although my response would not be so polite as yours (skunk's
> cabbage), I'll go with yours.
>
> I can't wait to hear the results of the trial. I think GWP and
its
> attorneys are setting themselves up for a malicious prosecution
> lawsuit.
>