[LINK] Do we have Rule 11 here?

[Frank O'Connor]

Yo Jan,

Sounds a bit like punitive or exemplary damages .... the purpose of 
which is to dissuade a party to an action from continuing an 
undesirable course of action against other potential parties after 
the action in question has been decided. Think legal aversion therapy.

Punitive damages (or exemplary damages as they're now called here) 
have been a remedy available under English/Australian/US law for any 
number of torts and other civil litigation for more than a century. 
The trick is getting a judge to agree that they are merited.     :)

				Regards,

At 7:49 PM +1100 27/3/09, Jan Whitaker wrote:
>NewYorkCountryLawyer writes "After receiving a
>Rule 11 Sanctions Motion (PDF) in a Houston,
>Texas, case, UMG Recordings v. Lanzoni, the RIAA
>lawyers thought better of proceeding with the
>case, and agreed to voluntarily dismiss the case
>'with prejudice', which means it is over and
>cannot be brought again. The defendant's motion
>papers detailed some of the RIAA's litigation
>history against innocent individuals, such as
>Capitol Records v. Foster and Atlantic Recording
>v. Andersen, and argued that the awarding of
>attorneys fees in those cases has not
>sufficiently deterred repetition of the
>misconduct, so that a stronger remedy - Rule 11
>sanctions - is now called for."
>
>http://news.slashdot.org/article.pl?sid=09/03/25/1733206&from=rss
>
>I don't know what a Rule 11 Sanctions Motion is,
>but I'm assuming it's some sort of extra cost to
>the plaintiff as if these are nuisance suits.
>I.e. RIAA needs to have better evidence.
>
>iiNet, might be worth a shot here if you can find a Rule 11.
>
>Jan
>
>
>Melbourne, Victoria, Australia
>jwhit at janwhitaker.com
>blog: http://janwhitaker.com/jansblog/
>business: http://www.janwhitaker.com
>
>Our truest response to the irrationality of the
>world is to paint or sing or write, for only in such response do we 
>find truth.
>~Madeline L'Engle, writer
>
>_ __________________ _
>
>
>_______________________________________________
>Link mailing list
>Link at mailman.anu.edu.au
>http://mailman.anu.edu.au/mailman/listinfo/link