Download or read book Sanctioning Frivolous Suits written by A. Mitchell Polinsky and published by . This book was released on 1993 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sanctions written by Gregory P. Joseph and published by Lexis Law Publishing (Va). This book was released on 2000 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sanctions movement continues to gain momentum. The federal courts have issued thousands of awards, many in excess of $1,000,000 against attorneys & parties engaging in litigation abuse. With new Rules 11, 26(g), & 37, the federal courts have created new regions of vulnerability for unwary attorneys. In Sanctions: The Federal Law on Litigation Abuse, Second Edition, author Gregory P. Joseph analyzes all the new rules & the other federal rules & statutes under which attorneys face sanctions.
Download or read book The Rule 11 Sanctioning Process written by Thomas E. Willging and published by . This book was released on 1988 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Frivolous Lawsuits and Frivolous Defenses written by Warren Freedman and published by Praeger Pub Text. This book was released on 1987 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frivolous lawsuits and defenses are not frivolous matters. Many regard them as the root cause of the back-ups and malfunctions in the American judicial system. The effects of these suits have general public impact since courts are tax-supported and excessive settlements reach the consumer in the form of higher insurance premiums. Written by a practicing attorney, the book carefully defines frivolous or unjustifiable litigation, and then goes on to discuss such topics as medical and dental malpractice, abuse of process, malicious prosecution, wrongful civil proceedings, false arrest and/or imprisonment, and retaliatory action. The attorney's role in class actions suits is also covered. There are ample citations of case law which illustrate specific points and areas of frivolity. Finally, the book presents remedies and sanctions which are available to discourage these wasteful and harassing actions, many of which are supported by the American Bar Association.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Law of Lawyering written by Geoffrey C. Hazard, Jr. and published by Aspen Publishers. This book was released on 1990 with total page 1868 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Dupont on Connecticut Civil Practice written by Ralph P. Dupont and published by . This book was released on 2000 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book SLAPPs written by George William Pring and published by Temple University Press. This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a democracy that for over 200 years has prided itself on public participation and citizen involvement in government, thousands have been and will be the targets of multi-million-dollar lawsuits. They will be sued for such "all-American" activities as circulating a petition, writing a letter to the editor, testifying at a public hearing, reporting violations of the law, filing an official complaint, lobbying for legislation, or otherwise communicating their views. Such cases, named "Strategic Lawsuits Against Public Participation," with their apropos acronym, SLAPPs, are a shocking abuse of one of our most basic political rights - the Right to Petition. So extensive and grievous is the phenomenon that Justice Nicholas Colabella remarked, "Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined."George W. Pring and Penelope Canan explore the full range of SLAPP stories in this first study of SLAPPs - retaliatory lawsuits by real estate developers; teachers; police; politicians; opponents of civil rights; consumers' rights; women's rights; and many others. This comprehensive book examines what happens to the targets of SLAPPs and what is happening to public participation in American politics. Addressing the ultimate dilemma - what can be done to turn the tables and fight back - Pring and Canan offer concrete, well-supported, balanced solutions for preventing, managing, and curing SLAPPs at all levels of government. Author note: George W. Pring is Professor of Law at the University of Denver. >P>Penelope Canan is Associate Professor of Sociology at the University of Denver. They are the co-directors of the Political Litigation Project at the University of Denver.
Download or read book The Conservative Case for Class Actions written by Brian T. Fitzpatrick and published by University of Chicago Press. This book was released on 2019-11-01 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Download or read book Michigan Court Rules And Michigan Judicature Act Annotated written by Kelly Stephen Searl and published by . This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economics of the Law written by Thomas J. Miceli and published by Oxford University Press, USA. This book was released on 1997 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of law and economics has matured to a point where scholars employ economic methods to understand the nature of legal rules and guide legal reform. This text is a broad survey of that scholarship as it has been applied to problems in tort, contracts, property and litigation.
Download or read book Plaintiff in Chief written by James D. Zirin and published by All Points Books. This book was released on 2019-09-24 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of Donald Trump's legal history reveals his temperament, methods, character, and morality. Unlike all previous presidents who held distinguished positions in government or the military prior to entering office, Donald Trump's political worldview was molded in the courtroom. He sees law not as a system of rules to be obeyed and ethical ideals to be respected, but as a weapon to be used against his adversaries or a hurdle to be sidestepped when it gets in his way. He has weaponized the justice system throughout his career, and he has continued to use these backhanded tactics as Plaintiff in Chief. In this book, distinguished New York attorney James D. Zirin presents Trump's lengthy litigation history as an indication of his character and morality, and his findings are chilling: if you partner with Donald Trump, you will probably wind up litigating with him. If you enroll in his university or buy one of his apartments, chances are you will want your money back. If you are a woman and you get too close to him, you may need to watch your back. If you try to sue him, he's likely to defame you. If you make a deal with him, you had better get it in writing. If you are a lawyer, an architect, or even his dentist, you'd better get paid up front. If you venture an opinion that publicly criticizes him, you may be sued for libel. A window into the president's dark legal history, Plaintiff in Chief is as informative as it is disturbing.
Download or read book AAA Handbook on Commercial Arbitration written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-09-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook begins with an exploration of drafting commercial arbitration clauses and provides advice on selecting the right arbitrator for any given commercial arbitration dispute. It supplies practitioners with guidelines for use in their arbitration practice and covers such topics as evidence and discovery, arbitral subpoena powers, procedural and interim orders. It also offers guidance on witness preparation, expert testimony, and cross-examination. There are chapters that specifically address the arbitration of large complex cases, healthcare disputes, and entertainment industry disputes. Arbitrators are provided with recommendations regarding professional conduct and responsibility. Arbitral awards and remedies are covered extensively and arbitrators are provided with practical approaches and information on drafting awards, punitive damages, the finality of awards and, post-decision debriefing. Lastly, this book discusses commercial arbitration as it relates to the legal system. The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Download or read book Understanding Lawyers Ethics written by Monroe H. Freedman and published by Carolina Academic Press LLC. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Understanding treatise analyzes the fundamental issues of lawyers' ethics and the ABA's Model Rules. It is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The sixth edition has substantial new material on cross-examination in sexual assault cases; prosecution in the context of race and policing; the rise of the "progressive prosecutor movement"; the renewed call for the U.S. Supreme Court to abide by the Code of Judicial Ethics; and the ethics of lawyers engaged in former president Donald Trump's scheme to overturn the 2020 presidential election.
Download or read book Civil Justice Reconsidered written by Steven P. Croley and published by NYU Press. This book was released on 2017-08-22 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States. Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.
Download or read book The Litigation Explosion written by Walter K. Olson and published by Plume Books. This book was released on 1992 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years ago, Americans saw lawsuits as a last resort; now they're the world's most litigous people. One of the most discussed, debated, and widely reviewed books of 1991, The Litigation Explosion explains why today's laws encourage us to sue first and ask questions later.
Download or read book Freedom of Information Act Guide written by and published by . This book was released on with total page 1154 pages. Available in PDF, EPUB and Kindle. Book excerpt:
