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

There is a link to the 34 page pdf at the site.
1 posted on 11/27/2012 7:23:30 AM PST by marktwain
[ Post Reply | Private Reply | View Replies ]


To: marktwain

THIS is tort reform.

this lawyer has to PERSONALLY pay the sanction,


2 posted on 11/27/2012 7:31:51 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: marktwain

This is what happened ot the case where the lawyer claimed rounds popped out through the trigger guard?
I was wondering.


3 posted on 11/27/2012 7:35:25 AM PST by Darksheare (Try my coffee, first one's free.....)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: archy

Archy, you got a pinglist handy?
If so, ping the crew.
If my memory is correct, and it sometimes isn’t, this is the case where the lawyer claimed rounds came out through the trigger guard?


4 posted on 11/27/2012 7:37:24 AM PST by Darksheare (Try my coffee, first one's free.....)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: marktwain

Interesting now that I have glanced at the suit.

1. This is federal so this is rule 11 sanctions WHICH CAN EXTEND TO THE WHOLE FIRM (if there is one)

2. The court found this to be a fishing expedition and not a real case.

3. Rule 11 sanctions are intended to stop hail mary passes regardless of whether they score in order to force proper investigation BEFORE filing suit.

4. The court concludes that the sanctions are in fact against the lawyer and the firm directly.

The theory of the case appeared to be “all guns are bad” and that was all of the pre-filing investigation. It must have been some form of harassment suit that the lawyer thought they could intimidate into settlement.

I wonder if this was some kind of leftist crusading firm. BTW sanctions can go over and above the fees, the judge could reject any kind of settlement with the defendant over sanctions. Given his conduct I suspect the lawyer will try and use the “we will appeal” bs to intimidate the defendants.

We hope this will have a chilling effect on such tangent anti-second amendment efforts.


5 posted on 11/27/2012 7:45:10 AM PST by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: marktwain

I would like to see the photographs.


15 posted on 11/27/2012 11:33:25 AM PST by SWAMPSNIPER (The Second Amendment,a Matter of Fact,Not a Matter of Opinion)
[ Post Reply | Private Reply | To 1 | 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