Tuesday, July 10, 2007
Anthony Sebok in his Writ column weighs in on the DC "pants suit." Sebok believes that Judge Bartnoff "probably will not" grant sanctions under Rule 11 as it will be difficult for the judge to conclude that the complaint was "factually groundless." Ultimately, Sebok finds that the fault in the "pants suit" case lies in the fact that the plaintiff himself was a lawyer, thereby changing the incentives to litigate. Sebok's solution? He suggests a "'Loser pays' rule in cases lawyers represent themselves.