Federal Rule of Civil Procedure 11, which in part authorizes the imposition of sanctions on attorneys who sign frivolous pleadings in federal court, is not used nearly as much as it should be.
The Supreme Court may announce as early as Monday that it plans to revisit the controversial issue of pleadings standards under Rule 8 of the Federal Rules of Civil Procedure.
And the typical 5-4 split between conservative and liberal justices may not rule the day: Justice Ruth Bader Ginsburg, a former civil procedure professor, is a class-action skeptic who has previously voted to rein in cases on behalf of asbestos claimants and insurance customers.