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Personal Injury: June 2017 Archives

Punish Frivolous Lawsuits? OK. How About Frivolous Defenses?

courtroom-898931_1920.jpgOne of the surest topics on which to get agreement is that we should punish the filing of "frivolous" lawsuits. There are legitimate debates to be had over the definition of "frivolous", who decides what is "frivolous", and what the punishment (usually called a "sanction") should be. For years, and for very good reason, there has been wide agreement that it's best to leave these decisions to the judge on the case. Because he/she is in the best position to know whether a lawsuit is so lacking in merit (so "frivolous") that it does not deserve to be in a court room, and if so, what the sanction should be for the party and/or lawyer who filed it.

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