|
Edition: December 2007
|
Homepage
l
Contact
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.
|
|
|
|
|
Previous Articles
How Society Profits from the Rule of Law
The
rule of law can generate economic reform and
unlock the social, and economic potential that
exists in societies.
Read |
Policing the West: From France to Arizona
The
colonial police state has blossomed in France
and it lurks behind Arizona's Senate Bill.
Read |
Frivolous Lawsuits
In this article, Gerard Simington examines
your options with a frivolous lawsuit.
Read |
Making Laws in the UK
A proposal for a new law is
called a bill. Bills may be introduced in either
of the two houses of parliament.
Read
|
The Terrible Case of Jamie Scott
Jamie and Gladys Scott are serving two
consecutive life sentences apiece for a 1993
robbery.
Read
|
Website Terms & Conditions
Daniel Pepper examines whether you need
website terms and conditions.
Read |
Law
School Accreditation
An examination of law school accreditation
and what it means to you as a law student.
Read
|
|
On the Holocaust
In a short, yet powerful article, freelance
author Mey Elghusein writes about the
horrors of the Holocaust.
Read |
The
IRAQ Approach
Chuck Milan writes on how to apply the IRAQ
approach in law school examinations.
Read |
|
Archived
Articles
Online Law Degrees
Online Law Degrees: Are they Really Worth
it?
Peter Loughlin writes about online law
degrees.
Read |
Estate
Planning Overview Part I
Part I of a two part article series on the
subject of Estate Planning
by attorney Paul Nicolosi.
Read
|
Estate
Planning Overview Part II
Part II of a two part article series on the
subject of Estate Planning
by attorney Paul Nicolosi.
Read
|
Private Investigators Part I
Part I of the article about private
investigators and what they do, and the
nature of the profession.
Read
|
Private Investigators Part II
Part II of the article about private
investigators and what they do, and the
nature of the profession.
Read |
Private Investigators Part III
Part III of the article about private
investigators and what they do, and the
nature of the profession.
Read |
McDonald's Coffee Case
One of the most widely misreported and
misunderstood cases in recent memory is the
McDonald's Coffee case.
Read |
The
D.C. Bar Option
Jose Gomez, writes about the D.C. Bar
option.
Read
|
Imprisonment in the Era of Enlightment and
Today
Sharon White writes about imprisonment in
the era of enlightment and today.
Read |
The Difference Between Arbitration &
Mediation
In this article, Mark
Eisenberg explains the difference between
arbitration and mediation.
Read |
|
|
|
