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  January 2010 Edition

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Your Options with Frivolous Lawsuits

By: Gerard Simmington

As you hear and see over and over in the media, there are a lot of bizarre lawsuits filed in our country. So, what are the options when dealing with frivolous lawsuits?

When talking about frivolous lawsuits, it is important to understand a few things first.

Simply put, the question of what is frivolous is not as easy to answer as it may seem at first glance.

We have all heard about the judgment against McDonalds for three million dollars for serving coffee that was too hot. In that case, however, the lawsuit was not frivolous per se. Instead, it was the judgment returned by the jury that was frivolous and way out of line.

In our justice system, practically anyone can file a lawsuit as long as they have the money to do so. It costs a couple hundred dollars depending on the location.

In filing such a lawsuit, the person makes various claims against the defendant. If the claims are so outlandish as to be considered frivolous, the court does not deem them illegal.

Lawsuits are a matter of civil law, not criminal law. In short, a civil lawsuit decides fault, not whether something is illegal. While a judge will not rule a frivolous lawsuit to be illegal, he or she can take another step.

As the case proceeds, the defendant can file a motion called a summary judgment. In that motion, the defendant argues that even if all the facts supported by the evidence offered by the plaintiff are presumed to be true, the defendant still has done nothing wrong. If the judge agrees, the lawsuit is over.

Depending upon the state, the judge may also be able to award costs and fees to the defendant.

The defendant, however, has another bullet in his arsenal. Upon successfully defending a claim, a defendant has the option to file a malicious prosecution lawsuit. These are sometimes called “slap” lawsuits in certain states.

In such a lawsuit, the defendant argues that the plaintiff filed a frivolous lawsuit for the pure purpose of harassing or causing the defendant to spend money on attorney fees.

If the defendant is successful in bringing the claim, he or she can often recover the fees spent on an attorney and other damages dependent upon the relevant state law.

Frivolous lawsuits are a fact of life in our modern society. A determined defendant in a civil lawsuit, however, has the ability to turn around and come back at the plaintiff for filing them.

About the Author:

Gerard Simington is with FindAnAttorneyForMe.com - offering legal information articles.

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