5. Congress has established special sanction regimes for particular kinds of claims. Sanctions under the Private Securities

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5. Congress has established special sanction regimes for particular kinds of claims.

Sanctions under the Private Securities Litigation Reform Act, see p. 602, supra, closely resemble those available under the 1983 version of Rule 11 and are mandatory once a violation of the sanction provision is found. Congress also has authorized courts to award attorney’s fees to a prevailing defendant in a civil rights case if plaintiff’s claim is found to be frivolous, unreasonable, or groundless. See § 706(k) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e–5(k)(1988)(employment discrimination actions).

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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