Printer Friendly
The Free Library
14,582,462 articles and books
Member login
User name  
Password 
 
Join us Forgot password?

Straight talk about frivolous lawsuits.


Lawyer jokes This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling.
You can assist by [ editing it] now.
 and uninformed statements bashing the civil justice system have dogged plaintiff attorneys through many a golf game, PTA PTA or parent-teacher association: see parent education.  meeting, or dinner party. When a question about civil justice rears its head, you need to respond with the facts.

Q: I recently read about a judge in Washington, D.C., suing a dry cleaner for $65 million over a lost pair of pants In mathematics, a pair of pants is a simple two-dimensional surface resembling a pair of pants. In hyperbolic geometry, pairs of pants are sewn together, leg to leg, or leg to waist, to create Riemann surfaces of arbitrary genus. . Doesn't that just prove the justice system is broken?

A: The $65 million pants case was ridiculous--a terrible intimidation of a small-business owner over a minor matter. The judge ought to be investigated and, if the facts are true, disciplined by the D.C. Bar. If he were a member of AAJ--he's not, thankfully--he'd be subject to our code of conduct, which says that as attorneys, we will not "prosecute or counsel any action, or assert any claim or defense, which is false, frivolous Of minimal importance; legally worthless.

A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant.
, or wholly insubstantial."

But the case is not representative of most cases. In fact, a 2006 survey by the Federal Judicial Center The Federal Judicial Center (FJC) was created by Congress in 1967 (28 U.S.C.A. § 620) to enhance the growth of Judicial Administration in federal courts. It has become the judicial branch's agency for planning and policy research, systems development, and continuing education for  the research and education agency of the federal court system--shows most federal judges do not view "frivolous lawsuits" as a problem: 70 percent of the 278 federal judges who responded declared that groundless litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 is either a "small problem"' or a "very small problem," and 15 percent said it was no problem at all. A business survey conducted by the National Association of Manufacturers, a rabid critic of the civil justice system, showed lawsuits ranking last among the corporate world's 10 greatest concerns.

In other words Adv. 1. in other words - otherwise stated; "in other words, we are broke"
put differently
, so-called tort reformers are proclaiming a crisis that doesn't exist. By attacking the courts, they are in essence attacking the millions of Americans who seek justice--parents who lost a child as the result of a defective product, a veteran who lost a leg because of an operation that went tragically wrong, a retiree who faithfully consumed medication that the drugmaker knew to be deadly. These critics are part of the cynical effort by large corporate interests that want to destroy our civil justice system.
COPYRIGHT 2007 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2007, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

 Reader Opinion

Title:

Comment:



 

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Dinner-party dialogue
Publication:Trial
Date:Jul 1, 2007
Words:340
Previous Article:Take three packets of information on pharmaceutical products.(The Exchange)
Next Article:TRIAL, Law Reporter go digital.(Justice IN MOTION: INSIDE THE AMERICAN ASSOCIATION FOR JUSTICE)



Related Articles
Downhill from disaster?(General News)(An unstable hillside threatens a new restaurant in North Bend)
Are we really upholding.(Commentary)(ideals of our Constitution?)
Some new wrinkles set for Butte run.(Sports)(Change in management spurs a blend of tradition and fresh twists)
The larb #2.(ZINE THING)
Applying the rescission doctrine.(CORPORATIONS & SHAREHOLDERS)
PALESTINE - June 23 - Haniya Ready For Talks With Abbas.
Undercovered agents: agents and brokers face a wide and fast-changing range of insurance exposures, but errors and omissions could be the most...
Decision: hold, or not to hold: insurers must decide whether a litigation hold is a necessary step in the claims process.(Regulatory/Law: Legal...
Study: climate change increases claims exposure.(Property/Casualty: Loss/Risk Management Notes)
Talking the talk.(Letters)(Letter to the editor)

Terms of use | Copyright © 2009 Farlex, Inc. | Feedback | For webmasters | Submit articles