Rule 11. civil procedure, satellite litigation, abusive litigation, cottage industry, sanction
Professor Vairo discusses the compelling need to amend Federal Rule of Civil Procedure 11. She demonstrates that the rule is being used to limit advocacy in the federal courts, particularly in civil rights, employment discrimination, and other types of "disfavored" caes, and that it is creating wasteful satellite litigation. Lastly, she argues that three recent Supreme Court cases indicate that the Court is unwilling to address the problems caused by Rule 11. Professor Vairo thus advocates that the Federal Rules' Advisory Committee revise the rule by adopting the approach of the Bench-Bar Proposal.
Georgene M. Vairo,
Rule 11: Where We Are and Where We Are Going,
60 Fordham L. Rev. 475
Available at: https://ir.lawnet.fordham.edu/flr/vol60/iss3/3