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Wednesday, January 06, 2021

JOTWELL: Mullenix on Russell on frivolous defenses

The new Courts Law essay comes from Linda Mullenix (Texas), reviewing Thomas D. Russell, Frivolous Defenses, which focuses on tort defendants' non-compliance with the rules governing responsive pleadings. I spend time in Civ Pro on this subject, especially the way that defendants refuse to respond to allegations (common response: "Neither admit nor deny and strict proof demanded thereof," which is nonsense) and the refusal of any judge other than Milton ShadurZ"L of the ND Ill. to hold attorneys to account for these practices.

Posted by Howard Wasserman on January 6, 2021 at 09:41 AM in Article Spotlight, Civil Procedure, Howard Wasserman | Permalink


I just posted a different piece, titled "Disrupting Frivolous Defenses," on SSRN. This piece is largely about Judge Shadur and his efforts to force compliance with Rule 8. The piece ends with Arizona's change to its rules of procedure adopting Judge Shadur's argument.


I guest lectured on Rule 8 in a colleague's class yesterday. If anyone is experiencing mid-semester Zoom fatigue, ask me about dropping in to teach your class about Rule 8!

Tom Russell

Posted by: Tom Russell | Mar 18, 2021 8:43:04 AM

I have just posted a related paper titled "Disrupting Frivolous Defenses" to SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3806760

Posted by: Tom Russell | Mar 17, 2021 6:48:19 PM

Thanks for this post. I'd be interested in talking with you about teaching Rule 8.

One of the followup pieces I am writing, titled Disrupting Frivolous Defenses, will in part concern Judge Shadur and his sua sponte review of answers.

Would it be possible for you to add tags for Torts, Insurance, and the Legal Profession to your post? I'm eager to reach those audiences, too, and I am a little uncertain of the structure of Prawfsblawg.

Thanks again,

Tom Russell

Posted by: Tom Russell | Jan 14, 2021 12:06:16 AM

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