Reading the Sullivan request for sanctions right now. Set up a PACER account and all I can say is, no wonder the bashers were freaking out. Sullivan devastates them Rosen firm, and I'm only on Page 11 of 30. Here's a charming little excerpt:
In English: Even if the Rosen Firm had established a legitimate claim or two, if those claims were not enough ON THEIR OWN to sustain the case, then there was no reason to file the case. Or, a shorter synopsis:
Rosen, you're screwed.
Quote:in cases where both frivolous and nonfrivolous claims exist:
A substantial violation occurs whenever the nonfrivolous claims that are joined with frivolous ones are insufficiently meritorious to save the complaint as a whole from being abusive. Under this interpretation, the district court must examine the
qualitative substance of the nonfrivolous claims in order to assess whether these claims were, in fact, legitimate filings that had the potential of prevailing or whether they patently lacked merit and only narrowly avoided being deemed frivolous themselves.
In English: Even if the Rosen Firm had established a legitimate claim or two, if those claims were not enough ON THEIR OWN to sustain the case, then there was no reason to file the case. Or, a shorter synopsis:
Rosen, you're screwed.
3