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Tag Archives: Judge Robert E. Payne

Rule 11 doesn’t extend to notice of dismissal (access required)

Where defendants’ attorneys argued a statement in a notice of voluntary dismissal filed by plaintiffs’ attorneys violated Rule 11, their motion for sanctions was denied because Rule 11’s “later advocating” provision did not extend to the dismissal notice. Background The ...

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Emotional distress claim vs. accuser survives dismissal (access required)

Distressed man sitting on stairs

A doctor who claimed he was arrested twice on false charges of stalking and domestic violence can sue his accuser for intentional infliction of emotional distress, or IIED. A federal trial court denied the accuser’s motion to dismiss, holding that ...

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False police report suffices for emotional distress claim (access required)

Where a man was twice arrested for charges based on a woman’s allegedly false reports and he claims to have suffered post-traumatic stress disorder even after the charges were dismissed, his suit for intentional infliction of emotional distress survived the ...

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No retroactive designation as ‘attorneys eyes only’ (access required)

Where defendants moved to retroactively designate documents as “attorneys eyes only” that showed one individual’s stake in non-party companies, his email address and payments made to him by other defendants, their motion was rejected because the information did not match ...

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