Wednesday, June 13, 2007

A frivolous law-suit tort?

http://www.nytimes.com/2007/06/14/us/14pants.html?_r=1&oref=slogin

The lawsuit for the $64 million pair of pants brings to mind a question: what do we do about frivolous lawsuits? Keep in mind, even after the Korean couple wins this - and it is certain they will win - they will have to pay attorney fees to the tune of $200+ per hour. Sometimes, in order to avoid such fees and the possibility of large losses, defendants will settle potentially large suits, regardless of their frivolousness.

So is there a judicial remedy? I suggest a suit for frivolous lawsuits. These would be countersuits, which defendants can file at the same time of the original suit. In effect, this would be a settlement tool - the risk of financial loss now deters people from pursuing law suits when the law is heavily against them.

it's an open question why this suit wasn't dismissed in summary judgment.

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