...The latest fiasco involves some women who sued Kraft because her guacamole didn't taste right. Others include a lawsuit filed years ago against McD's, because some women burned herself (not on McD's property) with some McD's coffee - she was holding it with her legs.
...My thoughts/suggestions:
...Can a judge throw out a lawsuit, and fine the plaintiff and his lawyer(s) for wasting the court's time - and could this include socking the lawyer and client(s) with legal all fees? If this were possible, it could help stop these pathetic lawsuits.
...Anyone else have any thoughts and/or suggestions?
2006-12-02 13:56:46 · 8 answers · asked by carson123 6 in Politics & Government ➔ Law & Ethics
Frivolous law suits will never be stopped, but they would be curtailed by adopting a “loser pays” system of tort law. This system would basically mean that if you file a suit and lose no matter what the merits you would have to pay the costs. Just about every state has laws saying frivoulous Plaintiffs have to pay, the problem is that a good lawyer can always find a legitimate issue to base the suit on. That’s why the all or nothing “loser pay” system would have to be implemented. But don’t hold your breath, trial lawyers and Democrats will never let it happen. BTW the McDonalds coffee suit was NOT frivolous! McDonalds served its coffee at just under 200 degrees! That was negligent and reckless, over 700 other Plaintiffs were severely scalded by McD’s coffee but the company paid them off and never changed their practices. Just goes to show you that “frivolous” should not be left to Lay people or politicians to determine. I'm not familure with it but even this guacamole suit may have real merit. What if the company is advertising 100% real guac but doesnt use any?
P.S. In case you were wondering, yes I am an attorney.
2006-12-02 14:17:33 · answer #1 · answered by Daz2020 4 · 0⤊ 1⤋
Most courts have the power to dismiss frivolous lawsuits and sanction the attorney, the litigant, or both. But reasonable minds may differ on the definition of "frivolous." Usually, if you are filing a suit, it's never frivolous. On the other hand if you are being sued... There are some surveys that indicate that businesses are far more likely to resort to a lawsuit than consumers. Take a look at http://www.citizen.org/pressroom/release.cfm?ID=1799. I don't necessarily endorse their view point, but for what it's worth.
2006-12-02 14:16:06 · answer #2 · answered by oldsandroad 2 · 0⤊ 0⤋
Well actually the Federal Rules of Civil Procedure do indeed help to throw out such lawsuits. Rules 11 and 15 particularly. However, it's entirely up to the attorneys to file the motions to get them thrown out.
2006-12-02 17:24:39 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
I like your idea of the fines, especially against the lawyer also, that would hopefully keep lawyers from taking on the case in the first place!
I'd also like to see it go a step further, though, and censure the lawyer, as well as put him/her on some sort of probation for a period of time, so it really hits home!!!
2006-12-02 14:07:06 · answer #4 · answered by purplepartygirrl 4 · 1⤊ 0⤋
Loser pays.....when a lawsuit is brought and lost, the losing party pays *all* fees of other party. It would be even better if the lawyers were liable for those fees...Lawyers that take cases on a contingency fee bases should be liable for *all* fees.
2006-12-02 14:20:05 · answer #5 · answered by lordkelvin 7 · 0⤊ 0⤋
The justice system works swiftly in the future, now that they've abolished all lawyers!
2006-12-02 14:00:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Stop filing them.
2006-12-02 13:59:38 · answer #7 · answered by mr_nice_guy 1 · 0⤊ 1⤋
if your side has more money
2006-12-02 15:07:35 · answer #8 · answered by the wise one 2 · 0⤊ 0⤋