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5 Cards in this Set

  • Front
  • Back
Provisions to Deter Frivolous Pleadings
1) Surowitz v. Hilton Hotels (US 1996)
2) Federal Rule 11
3) Hadges v. Yonkers Raceway (1995)
Surowitz v. Hilton Hotels
Rule23(b) was not written to bar derivative suits
- it is meant to discourage strike suits by people who might be interested in getting quicker dollars by making charges without regard to their truth so as to coerce corporate managers to settle worthless claims
Frivolous
- "Dead Loser"
- Argument does not have a prayer of succeeding
Hadges v. Yonkers Raceway (COA 1995)
Rule 11
- must be given 21 day safe harbor
Test to determine whether attorney made reasonable inquiry into the facts of the case
1) was an objective and reasonable evidentiary basis for a claim made in pre-trial proceeding or at trail; if this basis is made
2) no inquiry into the adequacy of the attorney's pre-filing is needed
- reasonableness is based on whether an attorney should or could have relied on facts given by a client