Wednesday, September 06, 2023 9:41:00 PM
Jim the Rule 11 noises were imo unhelpful for the defendants in the first place. Judges are very hostile to those and while defendants may contend that some aspects of the Complaint were novel, the Amended Complaint and especially the caselaw developments contrary to Defendants’ briefing just make a R 11 even less defensible if it ever was. But defense counsel have not seemed to be making the tactical decisions I would make. It will be interesting if they actually do that. It would not be likely bc federal judges are highly non-provocative but an opinion on the MTD - assuming denial - might mention the threat. That would be very unusual tho so unlikely imo.
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