NCJ Number
130271
Journal
St. John's Law Review Volume: 64 Issue: 4 Dated: special issue (Fall 1990) Pages: 931-951
Date Published
1990
Length
21 pages
Annotation
Rule 11 of the Federal Rules of Civil Procedure is a powerful judicial weapon aimed at curbing frivolous litigation under the Racketeer Influenced and Corrupt Organizations (RICO) Act and other legislation.
Abstract
Rule 11 was amended in 1983 due to its ineffectiveness in preventing abusive litigation practices in Federal courts. The amended rule embraces higher standards and strengthens judicial authority by requiring that courts impose appropriate sanctions on attorneys, parties, or both once a violation is found. Although a lack of uniformity exists in interpreting and applying amended Rule 11, it is clear that sanctions are mandated in the following instances: where a competent attorney could not have reasonably believed the pleading or motion to be warranted by existing law or supported by facts after making the necessary inquiry; where a bad faith argument for the extension, modification, or reversal of existing law is advanced; and where the pleading or motion is asserted for improper purposes. Because frivolous RICO claims constitute a waste of judicial resources by cluttering Federal courts with unnecessary litigation, courts should not be blinded by the complexity or unsettled nature of civil RICO in lieu of their obligations under amended Rule 11. To prevent the Federal judiciary from becoming a mere sanctuary for baseless private RICO claims, courts are encouraged to impose appropriately severe sanctions when confronted with civil RICO claims that clearly violate Rule 11. 102 footnotes