Frivolous Defenses and Frivolous Lawsuits
Legislators have been attacking frivolous lawsuits for clogging the courthouse and unfairly costing our society billions of dollars. As a result almost every state, including the federal government, has passed sever penalties for the filing of frivolous lawsuits. The number of lawsuits has decreased, but the amount of litigation has increased! How can this be? Simple, we now have a proliferation of frivolous defenses.
Defense lawyers, in order to make up for the loss of the volume of cases, are now litigating everything in sight. It adds huge amounts of time to a case (waste a jury’s time) and increases the costs and expenses of an injured party needlessly.
A simple fix would be to require frivolous defenses to be sanctioned in the same way frivolous cases are currently being sanctioned.