  ::Of course this is OR. The applying the FRCP is not like simple arithmetic, and the article I mentioned shows precisely why: a law professor disagrees with the District Court of Idaho even though both are dealing with the same rules and doctrine. We simply can't speak in an authoritative tone on this issue as if there's no controversy, especially since we seem to be carving out a position that has no support in any heretofore published source. ::In either case, this is a small wrinkle in tort reform that can probably wait until better authorities are available.  Might make a good journal topic for you though.  '''' 