Summary

Portrait of John Paul Stevens John Paul Stevens Cooter Gell v. Hartmarx Corporation…

More fundamentally, the fact that the filing of a complaint imposes costs on a defendant should be of no concern to the rulemakers if the complaint does not impose any costs on the judiciary: the Rules Enabling Act does not give us authority to create a generalized federal common law of malicious prosecution divorced from concerns with the efficient and just processing of cases in federal court.
Source: Wikisource

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