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Topic: Frivolous lawsuit

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	frivolous lawsuit Class Action Lawyer
		Introducing the Stella Awards for the most frivolous lawsuits in the U.S., purportedly named after 81-year-old Stella Liebeck, who was awarded damages for injuries sustained after spilling...
		The reaction was in response to a Nov. 30 lawsuit filed in Berlin by...
		If they do and the court deems the lawsuit frivolous in nature, then make that lawyer pay the legal costs of the person or company they sued.
	www.class-action-law-suit.com /frivolous-lawsuit.html (628 words)

	Court Sanctions for Frivolous and Improper Litigation (Site not responding. Last check: )
		A frivolous lawsuit is one not grounded in fact and not supported by either a basis in current law or a sincere argument for a novel legal theory.
		Where a claim is found to be frivolous, the court rules mandate that sanctions be imposed against the party, the attorney, or both.
		If a frivolous lawsuit is not presented as described to this point, pleadings and tactics of another ilk will mandate Rule 11 sanctions.
	www.aepronet.org /pn/vol6-no2.html (5462 words)

	[No title] (Site not responding. Last check: )
		Frivolous acts can include filing the lawsuit itself, a baseless motion for a legal ruling, an answer of a defendant to a complaint which does not deny, contest, prove or controvert anything, or an appeal which contains not a single arguable basis (by any stretch of the imagination) for the appeal.
		A frivolous lawsuit, motion or appeal can result in a successful claim by the other party for payment by the frivolous suer of their attorneys' fees for defending the case.
		Judges are reluctant to find an action frivolous, based on the desire not to discourage people from using the courts to resolve disputes.
	dictionary.law.com /definition2.asp?selected=794&bold=\|\|\|\| (122 words)

	'Frivolous lawsuit' irks Pentagon - The Washington Times: Nation/Politics - December 14, 2004 (Site not responding. Last check: )
		The Pentagon expressed concern yesterday about a "frivolous" complaint filed against Defense Secretary Donald H. Rumsfeld by a leftist group that is using a new German law that claims the right to investigate war crimes anywhere in the world.
		The reaction was in response to a Nov. 30 lawsuit filed in Berlin by the Center for Constitutional Rights, whose founders include liberal activist William Kunstler.
		"Generally speaking, these cases are of concern, these frivolous lawsuits filed by activist groups on behalf of people making very unsubstantiated charges and probably not able to be substantiated charges," Larry Di Rita, chief Pentagon spokesman, said in an interview yesterday.
	www.washtimes.com /national/20041214-122616-9927r.htm (818 words)

	Tri-State Media
		Another frivolous lawsuit may force the asbestos industry to pay billions of dollars to workers who developed lung disease or died of exposure to asbestos.
		Lawsuits have proven that the industry concealed evidence of the dangers of asbestos from its workers for decades.
		A third type of frivolous lawsuit stems from situations like Love Canal, where a whole community found it was raising its children in toxic waste produced by area industries.
	www.tristate-media.com /articles/2005/01/26/warricknews/editorial/03baker.txt (659 words)

	Goodlatte (VA06) - Weekly Report - Curbing Frivolous Lawsuit Abuse (Site not responding. Last check: )
		Recognizing the severity of the problem, and the inherent economic impact of frivolous lawsuits, the House last week passed legislation aimed at reducing lawsuit abuse.
		This legislation will restore mandatory sanctions for frivolous lawsuits, while also abolishing the current “free pass” provision which allows lawyers to avoid sanctions for making frivolous claims by simply withdrawing these claims within 21 days after a motion for sanctions has been filed.
		It also expands existing provisions preventing frivolous lawsuits to make them apply to state cases in which a state judge finds that the case affects interstate commerce by threatening jobs and economic losses to other states.
	www.house.gov /apps/list/speech/va06_goodlatte/091704wc.html (458 words)

	Nevada Secretary of State - (Site not responding. Last check: )
		The amendment provides that a lawyer willfully involved in vexatious and frivolous litigation is personally responsible for attorney's fees, court costs, and expenses of an aggrieved party, in addition to any other sanction that may be imposed.
		Question 5 provides that any lawyer who knowingly participates in perpetuating a frivolous lawsuit or defending a lawsuit for frivolous reasons will be held personally liable for the attorney fees, court costs and expenses incurred by the other side in defending against that vexatious or frivolous lawsuit.
		It encourages frivolous lawsuits because it adds a provision to the constitution that only cases determined to be 100% frivolous are subject to sanctions.
	sos.state.nv.us /nvelection/2004_bq/bq5.htm (1250 words)

	Easy Voter Guide -- Nevada Edition (Site not responding. Last check: )
		Make lawyers who are found to have willfully filed a "vexatious and frivolous" lawsuit personally responsible for court costs and other lawyer's fees.
		Allow a person who is being sued in a lawsuit seen as frivolous by the court to receive compensation for inappropriate legal action.
		The costs for frivolous lawsuits will be paid by the lawyers and corporations who bring them, not insurance companies.
	www.easyvoter.org /nevada/2004-general/3e.html (256 words)

	Fighting frivolous malpractice lawsuits with countersuits (Site not responding. Last check: )
		Some of the cases are so frivolous – where a doctor had nothing to do with the patient, never saw the patient – that it’s perfectly obvious that they ought to be referred to counsel.
		There has never been, in the history of Pennsylvania, the number of lawsuits that have been brought against a given professional or given group of people such as we now have against physicians: 5,600 lawsuits in 30 months, many of which are frivolous.
		We also need caps on jury verdicts for noneconomic damages, so that the prospect of a lawsuit is not so glittering to the lawyer who wants to take it, roll the dice, and see if he or she can hit the jackpot.
	www.physiciansnews.com /spotlight/305.html (1929 words)

	HVM Legal Ethics and Reform Page 29 - A Well Designed Frivolous Lawsuit is Awesome
		The bringing of a lawsuit should be the last step in the process of settling a dispute.
		The reason such frivolous lawsuits work is the high cost of civil litigation.
		In the typical lawsuit there is heavy expenditure in the first month or two by both sides.
	www.legalethicsandreform.com /hm_pg29.html (1174 words)

	CNN.com - $116 trillion lawsuit filed by 9/11 families - August 16, 2002
		The lawsuit was filed in U.S. District Court for the District of Columbia by more than 600 family members, plus some firefighters and rescue workers.
		Calling themselves Families United to Bankrupt Terrorism, the plaintiffs are suing seven international banks; eight Islamic foundations, charities and their subsidiaries; individual terrorist financiers; the Saudi bin Laden Group; three Saudi princes; and the government of Sudan for allegedly bankrolling the terrorist al Qaeda network, Osama bin Laden and the Taliban.
		Co-lead counsel for the lawsuit is attorney Allen Gerson, one of the attorneys who negotiated a $2.7 billion settlement between the Libyan government and families of 270 people killed when Pam Am Flight 103 was blown up over Scotland in 1988.
	archives.cnn.com /2002/LAW/08/15/attacks.suit (543 words)

	NE Law Express (Site not responding. Last check: )
		The Court of Appeals here deals with an appeal of a case that was argued to be a frivolous lawsuit, affirming the trial court's decision and reversing the decision in part.
		Any doubt whether a legal position is frivolous or taken in bad faith should be resolved in favor of the one whose legal position is in question.
		This lawsuit was spawned by Ruth's quitclaim deed of February 18, 1986, in which she conveyed her interest in section 9 naming Kenneth and Lois as grantees, as "[h]usband and [w]ife," which if effective, would give Lois an interest in the portion of the Eisenhart farm located in section 9.
	www.nebar.com /resources/nelawexpress/CoAJournals/2002coa/coamay21.htm (4894 words)

	HR4571 Frivolous Lawsuit Ban (Site not responding. Last check: )
		Lamar Smith, R-San Antonio, today announced that the Lawsuit Abuse Reduction Act, legislation he authored that will reduce frivolous lawsuits, passed the House of Representatives.
		“Frivolous lawsuits bankrupt individuals, ruin reputations, drive up insurance premiums, increase health care costs, and put a drag on the economy,” said Rep. Smith.
		“Frivolous suits are brought when there is no evidence that shows negligence on the part of the defendant.
	www.allsafedefense.com /Legislation/Bills/HR4571FrivolousLawsuit.htm (314 words)

	OSMA Frivolous Lawsuit Committee Gaining National Attention - Ohio State Medical Association
		The OSMA Frivolous Lawsuit Committee, which was featured as the cover story to the February 16 issue of American Medical News, was recently featured in three other national publications, including the American Bar Association Journal and Report, Diagnostic Imaging Magazine, and Modern Physician Magazine.
		Each of the articles highlight the case of Columbus-area physician, Victoria Ruff, MD, who worked hand-in-hand with the Frivolous Lawsuit Committee to file a "Motion for Sanctions for Frivolous Conduct" against a plaintiff and attorney for wrongly naming her to a medical liability suit.
		To submit a possible frivolous lawsuit to the OSMA Frivolous Lawsuit Committee for review and possible action, please request a case submission form by emailing OSMA Legal Department at legal@osma.org.
	www.osma.org /i4a/pages/Index.cfm?pageid=3481 (270 words)

	Tort Reform Proposal
		The term frivolous lawsuit is a term created by major corporations (including TV, newspapers and other media owned by major corporations) to sell the public, without its awareness, on committing political and economic suicide.
		If the case is "frivolous", the case should be dismissed, with the right of the plaintiff to appeal, but with no legal fees at the trial court level payable by either side.
		Court congestion and frivolousness are parts of the same political goal of preventing plaintiffs from obtaining justice against major corporations, which would take away some of their assets.
	www.lawmall.com /lm_tortr.html (2599 words)

	Corp Reform - Not Tort Reform: The Myth of the Frivolous Lawsuit (Site not responding. Last check: )
		Tort reformers say that the courts are overwhelmed with “frivolous lawsuits” – lawsuits that have no legal basis, or are so petty as to not be worth the time of the court system.
		These lawsuits need to stop before people are afraid to go outside for fear of getting sued for running into someone and causing them to bruise their finger.
		On the other hand, frivolous lawsuits have been practicing "legal" extortion towards any corporation or individual professional that prove that producing a quality product or service 100% of the time is a pipe dream.
	www.corpreform.com /corpreform/2003/10/the_myth_of_the.html (11295 words)

	The Sentinel Online - Archived Story
		A lawsuit filed against Shippensburg University alleging its speech codes are unconstitutional has been called frivolous by university officials.
		In her study of political science, she is reluctant to advance controversial theories on a number of political or social issues because they might be perceived as "racist, sexist, or homophobic," court documents say.
		Gigliotti said officials are concerned the lawsuit has misrepresented its stance that free speech should be exercised in a manner that is civil and appropriate.
	www.cumberlink.com /articles/2003/04/27/shippensburg/news03.txt (509 words)

	Frivolous Lawsuits in California (Site not responding. Last check: )
		Consumers pay for frivolous lawsuits as businesses increase prices to cover their legal costs or shutdown, reducing market competition and leading to higher prices.
		However, NFIB led a successful campaign in the November election to pass Proposition 64 that requires those lawsuits to include victims who were actually harmed and large group lawsuits to meet strict class action standards.
		The major problems include an inability of businesses to get certification that their business complies with the law, a lack of protection from future lawsuits when the violation is settled, and no time to fix a violation before a plaintiff sues.
	www.nfib.com /object/IO_19551.html (494 words)

	Frivolous lawsuits,loser pays initiative - Initiative (Site not responding. Last check: )
		Using the threat of a frivolous lawsuit to flmail an opponent since the cost of defense is more than the cost of settlement.
		WHAT WE PROPOSE TO DO ABOUT IT (a) Make it mandatory that a party and their lawyer who files a frivolous lawsuit, a frivolous motion or does anything unjustified to increase the cost of legal fees, will be ordered to pay the legal cost of the other side.
		(e) Make it mandatory that if a party to a lawsuit declares the suit to be frivolous and upon presentation of the reasons for this declaration, the judge must prepare a written explanation for dismissing or continuing the case, which becomes a part of the case file.
	www.calb.net /initiative_summary (362 words)

	PointofLaw \| PointOfLaw Featured Discussion: What is "frivolous"?
		With that out of the way, we can move on to the topic of how the two plans compare in dealing with what are sometimes called "frivolous lawsuits." We agree that caps are not a panacea for such lawsuits, however defined, but the question remains whether the Kerry plan can do better.
		Some states go even farther, and require a showing of bad faith before judging a suit "frivolous." I therefore try to avoid using the word, as it only confuses the debate; it is a practice I commend to proponents on both sides of the issue.
		But surely chopping off the tail and the chance of unmoored non-economic damages increases the quality of lawsuits that are actually brought, simply because it takes a more meritorious case with real damages in a world with caps than a world without caps before it becomes profitable to sue a doctor.
	www.pointoflaw.com /feature/archives/000538.php (405 words)

	Attention Turns to the Senate for Frivolous Lawsuit Relief (Site not responding. Last check: )
		Small-business owners are celebrating the recent House passage of the Lawsuit Abuse Reduction Act, a reform measure aimed at reducing the number of frivolous lawsuits.
		The number of civil lawsuits has tripled since the 1960s, and litigation has become a big industry that is putting many small businesses out of business.
		The legislation recently passed by the House, Lawsuit Abuse Reduction Act (H.R. 4571), would change the rules for frivolous lawsuits under Rule 11 of the Federal Rules of Civil Procedure.
	www.nfib.com /object/IO_17974.html (485 words)

	Frivolous Lawsuit Relief Vote Delayed (Site not responding. Last check: )
		The Lawsuit Abuse Reduction Act is designed to discourage frivolous lawsuits by reinstating several important provisions to Rule 11 of the Federal Rules of Civil Procedures that were changed in 1993.
		They would curb forum shopping by permitting the plaintiff to sue only where he or she lives, was injured, or in the location of the defendant's principle place of business.
		Small business owners are often seen as "easy targets" for frivolous lawsuits.
	www.nsba.biz /content/printer.891.shtml (175 words)

	Best of the Worst Frivolous Lawsuits (Site not responding. Last check: )
		In Orlando, a lawsuit was filed against a rental car company by the estate of a woman who was killed in a car crash by a drunk driver.
		A lawsuit was filed by the families of two aviators who died trying to fly a small single-engine plane under the South Padre Island Causeway, a low lying bridge.
		The lawsuit claimed that either the city, the airport or the fixed base operator should have done something to verify that the pilot and passenger were up to flying at the time they took off for the half-hour trip to South Padre.
	www.calahouston.org /best.html (1470 words)

	Commissioner seeks to halt ‘frivolous’ lawsuit (Site not responding. Last check: )
		HAMILTON — Calling it a “frivolous” action, Butler County Commissioner Michael Fox wants to stop a Hamilton attorney who continues to pursue a lawsuit over easement into a Liberty Township subdivision — despite the fact that the issue has been dismissed by local and federal level courts.
		So Schnell withdrew his original lawsuit and filed a new complaint seeking a permanent injunction to block access into the subdivision and, this time, naming 164 defendants including county commissioners, Dixon Builders, Cincinnati Gas & Electric, all of the residents of Country Oaks and the lending institutions that financed the purchase the homes.
		Schnell said the lawsuit had never sought punitive or compensatory damages, but rather sought to have the Taylor and Turner property restored.
	www.journal-news.com /news/newsfd/auto/feed/news/2004/02/02/1075778176.26609.7363.5462.html;COXnetJSessionID=AfJ9tCqUTF4o9K7bzcLL4TPUU7IABXn7kwzoBz6rSC12IoF76hjd!-1090545587?urac=n&urvf=10758250214570.46942885952227087 (575 words)

	Citizens Against Lawsuit Abuse (CALA)
		CALA invites visitors to submit a story about their frivolous lawsuits.
		Lawsuits that are unmerited, unwanted, disruptive, or very costly.
		Lawsuit abuse is fast becoming a very hot topic.
	www.cala.org (225 words)

	Newsroom
		Evelyn Tobias Merrill, a member of the group and spokeswoman for Sick of Lawsuits, said Thursday's press conference at Corpus Christi Medical Center was the next battle in the war on lawsuit abuse.
		She described the 2003 passage of tort reform legislation as one step toward curbing what the group views as frivolous lawsuits.
		She said advertising legal services is protected by the First Amendment and that the legal system already has safeguards in place to guard against frivolous lawsuits.
	www.tala.com /targeted.html (421 words)

	Urban Legends Reference Pages: Legal (Stella Awards)
		Speaking about implied credibility, we note that the "outrageous lawsuits" list has made it into the newspapers at times, which only works to add to the perception that the information given in it is reliable.
		Numerous states have enacted measures to reform their civil law systems in response to the problem of frivolous lawsuits and runaway jury awards.
		Only rarely do ridiculous lawsuits result in windfalls for the plaintiff; these cases are almost always either thrown out or the judgement goes for the defendant.
	www.snopes.com /legal/lawsuits.asp (2141 words)

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