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March 11, 2011

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Comments

Jack Wuerker

There are just as many attorneys who represent businesses, large and small, who know that they can outlast even a meritorious plaintiff by making it too costly to pursue litigation, thereby forcing the meritorious plaintiff to knuckly under either by settling for a pittance or, in some instances, simply dismissing a case. Sometimes these defense attorneys will resort to filing meritless counterclaims intended merely to make life miserable for the plaintiff. Further, the reason for the change a while back was to end what had become, in essence, a second stage of litigation, where following a case the prevailing party would very frequently accuse the other side of having violated Rule 11. To me, this change would fix a problem that does not exist to a sufficient extent to merit a change, in a completely one-sided manner; it is much like the tort reform touted by the same basic group of legislators that would make it even more difficult than it already is for injured parties to be compensated for someone's negligent conduct.

judith Nieszel

Federal judges should have terms no longer than 12 years. No lifetime appointments

Ivan

The playing field is level on this issue. While I believe that reform is long past due, it needs to happen on all sides.

How about some sanctions for unscrupulous defense attorneys who represent both big and small companies and abuse the rules because they know THEY won't be sanctioned either?

Let's start with ending federal judges' life-term appointments (8-12 years is enough time for them to make their marks).

Let's institute an "affidavit of prejudice" provision at the federal level, so that federal judges cannot bring their politics into the courtroom without being accountable for it.

Better yet, lets have the public vote federal judges into office.

Roger A. McKee

FRCP Rule 11 should be amended to modify the current "safe harbor" requirement that the party seeking Rule 11 sanctions has to first provide a complete ready-for-filing Motion for Rule 11 Sanctions. This is an onerous, unnecessary,time consuming burden, requiring legal research for case cites, etc., in a full-blown motion. The safe harbor requirement should require only a "warning letter", with a simple statement as to why the offending pleading may be subject to Rule 11 sanctions.

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