(Newswire.net — March 24, 2020) —
The United States is a notoriously litigious society. As citizens and businesses, we love to sue each other when something goes wrong. In some situations, a lawsuit may be the best course of action, but in others, it can be ridiculous.
We’ve all heard about some of the frivolous lawsuits of the past. Whether it’s the case man who sued dry cleaning for millions after losing pants or the lawsuit filed by a fictional character, legal history is scattered with ridiculous tales.
The Concept
Frivolous litigation is the practice of filing lawsuits that have a lack of legal merit. For a case to fall under this concept, the claim is usually absurd.
In legal terms, “frivolous litigation” is a defense that is presented in a manner where the party, or their counsel, had reason to know that it’s futile. This type of lawsuit has no legitimate factual support.
Existing laws may also unequivocally prohibit such a suit. One example of legislation preventing frivolous litigation is the Good Samaritan Law.
According to Diamond and Diamond Lawyers, an attorney is required to perform a due diligence investigation on any claim or defense. A party’s legal representation is needed to ensure that there’s a factual or legal basis.
Why Would Someone File a Frivolous Lawsuit?
Plaintiffs often file frivolous lawsuits to harass the defendant or generate media attention.
It’s incredibly frustrating to be sued. Even if the lawsuit is meritless, the defendant will spend time, energy, and money to deal with the case. Their reputation may also be damaged, considering people could assume it’s legitimate.
Penalties
Frivolous lawsuits waste the court’s time. They also are an unnecessary hassle for every party involved. Jurisdictions vary when it comes to dealing with these cases, but penalties are usually involved.
In some jurisdictions, judges have the authority to sanction law firms and the plaintiffs involved. Courts are already overwhelmed by legitimate lawsuits, so baseless ones are not welcome in the house of the law.
The United States Tax Court penalizes frivolous arguments by enforcing a fine of up to $25,000. The U.S. Supreme Court and The U.S. Court of Appeals might require that the losing party pays the prevailing party if the case didn’t have any legal grounds.
Even more, the defendant in a frivolous lawsuit could turn around and sue a plaintiff for malicious prosecution. This is a tort action, where the damages include all costs that they would have endured to defend themselves against a baseless lawsuit.
Examples
Frivolous lawsuits are an annoyance of the court, but many of them make for entertaining legal history. These examples may help you understand this complicated legal concept better. If not, at least they’ll give you a laugh.
Pearson v. Chung
Washington D.C. judge Roy Pearson woke up one day and took his pants to a local dry cleaner. According to Pearson, the dry cleaners lost his pants and denied to give him a refund. He estimated that the pants cost $1,000. He decided to take the sign “Satisfaction Guaranteed” as an invitation to sue.
Distressed Roy decided to bring a lawsuit against the cleaners for a total of $67 million, $2 million of which was for mental distress. Luckily, the court ruled against him due to the fact that he demonstrated a lack of “judicial temperament.”
Sanford Clardy
Pimp Sirgionio Sanford Clardy had been serving a sentence of 100 years for beating and repeatedly stomping a prostitute and her customer. In 2014 he decided to file a $100 million lawsuit against the shoe company Nike.
Clardy argued that the manufacturer should have put a label on the shoes saying that they should label them as a potentially dangerous weapon.