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. ”
