This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...
You have to be a subscriber to view this page.

Perspective

Feb. 20, 2010

New Law Protects Frivolous Actions

Michael Newman of Barger & Wolen questions the consequences of applying a new, lax standard for federal courts to dismiss complaints.

By Michael Newman

There was a time when the practice of law was so exacting and precise as to be akin to the religious rituals of pre-Christian Rome - where a single mistake could mean having to start a day-long sacrament over again.

Thus, Sir Edward Coke, the great 16th to 17th century jurist, had his first success as a young lawyer when, representing the defendant in a civil litigation, he noticed that the plaintiff had relied upon a faulty translation of a Lat...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up