Disrupting Frivolous Defenses

Judge Milton I. Shadur was a disrupter of frivolous defenses. In 2018, died at the age 93 after 37 years as judge United States District Court for Northern Illinois. Sua sponte, reviewed civil answers, and disrupted pleading Sponte Shadur—as some lawyers called him—rejected answers that departed from or ignored Rule 8 Federal Rules Civil Procedure. In 2001, issued an Appendix to order in State Farm v. Riley, 199 F.R.D. 276 (N.D. Ill. 2001) with his expectations regarding how defense were answer according As makes clear, disallowed pleaders dodge by 1) claiming allegation legal conclusion, 2) documents speak themselves; 3) demanding strict proof. also expected affirmative defenses (Or ADs, he them) would be true attorneys support foundational predicate facts. The Appendix, now 20 old, is living rich life. Judges have cited Shadur’s appendix 233 times. Litigants case 452 times trial-court motions filings well 14 appellate matters. Westlaw reports 52 citations secondary sources another 13 directory West calls “Practical Law.” After presenting minibiography Shadur, backstory gloss on this article tracks use federal judges throughout States. Specifically, focuses conclusions, speaking documents, The organizes cases circuit. organization should interesting academics useful preparing F.R.C.P. 12 strike defenses, deem allegations admitted, more definite statement. first covers citation himself, next Illinois colleagues, then within broader Seventh Circuit, finally outside Circuit. Last are few state courts finishing, though, epitome which rule change Arizona Supreme year death. Arizona’s aligns Appendix. This meshes empirical analysis my related Frivolous Defenses. piece, I examine car-crash complaints Colorado, where live, teach, practiced law. For 298 lawsuits, retrieved read corresponding 356 number than because suits had multiple defendants. Defenses examines departures Colorado’s using, among other things, analysis. I welcome comment suggestions professors, attorneys, concerning either these articles.