Posted on 11/27/2012 7:23:24 AM PST by marktwain
THIS is tort reform.
this lawyer has to PERSONALLY pay the sanction,
This is what happened ot the case where the lawyer claimed rounds popped out through the trigger guard?
I was wondering.
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?
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.
The lawyer should never have taken the case.
from the court’s conclusion:
“In light ofthe above, the Court finds that this case was “a shot in the dark” and unfortunately for Counsel, he not only missed his mark, his gun was not even loaded.32 The Court finds that monetary sanctions are warranted against Counsel and his law firm....”
the footnote: “32 The Court finds absolutely no merit in Counsel’s contention that sanctions are warranted against Defendants and therefore his reciprocal request for sanctions is denied. See Sur-Reply Brief to Motion for Sanctions (Doc. No. 66 at 9).”
Plaintiff can just file bankruptcy and be done. When a lawyer is sanctioned like this it generally has to be reported to the bar for investigation and FURTHER sanctions.
What we really need is to start closing down the diploma mill law schools. Which are diploma mills? ALL of them. If we just close 1/2 of law schools and purge the leftist professors it will be a good reform.
no it means they will have better BS to justify their case. Better pretrial investigation.
Now if the lawyer has their licensed yanked, it will mean those groups will have fewer lawyers.
To stop those groups we need to stop “temporary” permissions of lawyers to operate in states in which they are unlicensed.
Sanctions also apply to the sponsoring attorney who is licensed in the state.
Just imagine, this has been going on for at least FIVE YEARS! It is a travesty that the court allowed this ambulance chaser and his “Plaintiffs” all this time to screw around with the so-called “legal system.” I hope the Defendants go after both the Plaintiffs and their “lawyer” for substantial damages. This is even worse that the product liability lawsuits on GA aircraft that were flown into mountainsides by idiots whose heirs thought that the planes were “defective.”
I would like to see the photographs.
On the way!
If my memory is correct, and it sometimes isnt, this is the case where the lawyer claimed rounds came out through the trigger guard?
I'm not certain. But I'll nose around.
On the way!
If my memory is correct, and it sometimes isnt, this is the case where the lawyer claimed rounds came out through the trigger guard?
I'm not certain. But I'll nose around.
Malicious prosecution needs to carry a financial penalty. Either via fines or incarceration...
For these lawyers I prefer incarceration as a fine doesn't hurt as much as one's wedding night in prison.
Thanks for the triple ping. My guess is that you just clicked once.
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