Frivolous Lawsuits: What Are They and How Do They Affect You?
Colorado injury lawyer Mack Babcock talks about the problem of frivolous lawsuits, responsible tort law, and why it matters
The United States has one of the best judicial systems in the world, but to say it’s without flaws would be a mistake. One key indicator of this imperfection is the presence of frivolous lawsuits within our court systems.
What makes a lawsuit frivolous?
A frivolous lawsuit is a lawsuit filed by an attorney who knowingly advances a case despite a lack of legal precedent, facts, or merit. It might be filed for ulterior motives, such as to harass or coerce someone, rather than to resolve a legitimate legal grievance.
Courts can dismiss these cases early in the process and may impose fines, sanctions, and other penalties on the parties or attorneys who engage in such conduct.
What is an example of a frivolous lawsuit?
Frivolous lawsuits can come in various forms, but some of the most common include:
- Nuisance lawsuits to harass or intimidate. These are cases filed to harass or burden the defendant rather than to resolve a legitimate legal grievance. They can be used as a tactic to intimidate, coerce, or extract settlements from the target under the threat of legal fees and court costs.
- Claims against “deep pocket” defendants without a basis. These involve targeting large corporations or wealthy individuals with lawsuits in the hopes of securing a settlement, regardless of the claim’s merit, because the defendant might prefer settling over engaging in costly litigation.
- Personal injury claims with no actual harm. These are cases where the plaintiff alleges injuries or damages that are either nonexistent or grossly exaggerated beyond the scope of any actual harm experienced.
- Intellectual property claims over widely used or generic terms. These involve suing over the use of common phrases, designs, or ideas that are not subject to exclusive ownership rights, often to extract settlements from smaller entities unable to afford prolonged legal battles.
Below are some real-life examples of frivolous lawsuits that made national news:
- In 1995, an inmate sought $5 million in damages from himself for self-inflicted harm, claiming he had violated his own civil rights by getting arrested after consuming alcohol on July 1, 1993, which led him to act against his religious beliefs. However, acknowledging his inability to work or generate income while in jail, he requested that the state compensate him on his behalf.
- In 2006, a man who allegedly looked like Michael Jordan sued the basketball star and Nike because of damages he claimed to have incurred from people mistaking him for the celebrity athlete.
- In 2005, a Colorado woman sued two girls in Durango for medical bills related to a stress-induced panic attack that she claimed was a direct result of the girls delivering cookies to her home.
Fortunately, courts have mechanisms to discourage such lawsuits, including the ability to impose fines, sanctions, and other penalties on the parties or attorneys who engage in such conduct.
In December 2023, a lawsuit filed by the Nonhuman Rights Project (NhRP) against the Cheyenne Mountain Zoo in Colorado Springs sought the release of 5 elephants under a habeas corpus petition. A district judge dismissed the lawsuit.
The NhRP argued that the elephants—Missy, Kimba, Lucky, LouLou, and Jambo—were showing signs of stress and deserved to live in an accredited elephant sanctuary. However, the zoo, which has been caring for these elephants for many years, contested these claims.
The judge ruled in favor of the zoo, stating that even if the NhRP’s claims were accepted as true, they still would not constitute a legal case against the zoo. The judge emphasized that the zoo had a significant and caring relationship with the elephants, suggesting that the NhRP’s lawsuit lacked a substantial legal basis and could be seen as frivolous.
Despite the dismissal, the NhRP filed an appeal, while the zoo criticized the lawsuit as a fundraising tactic that detracts from its conservation efforts.
What’s the impact of frivolous lawsuits?
Frivolous lawsuits such as these, though sometimes humorous news stories, actually have many negative effects. These cases take up court time and resources and can negatively impact the lives of those being sued, particularly individuals and small businesses who aren’t expecting to pay legal fees and give up time in court.
These cases are also thought to hurt the overall economy because a lot of money is spent on the tort system. While most of these tort lawsuits are legal and justified, the recent increase in tort law expenditures is alarming.
Ensuring that attorneys file tort lawsuits responsibly could spare economic damages to individuals, small businesses, and the economy as a whole.
Is it ethical for an attorney to file a frivolous lawsuit?
No, it is not ethical for an attorney to file a frivolous lawsuit. The legal profession is governed by strict ethical standards and codes of conduct that require attorneys to pursue legal actions with a basis in law and fact.
Attorneys are expected to exercise due diligence in assessing the viability of claims before proceeding with litigation. Engaging in frivolous litigation can not only lead to sanctions against the attorney, including fines, but also damage to their professional reputation. Therefore, from both a legal and ethical standpoint, attorneys are obligated to refrain from initiating or continuing baseless lawsuits.
Is anything being done to stop frivolous lawsuits?
One of the main reasons frivolous lawsuits exist in the U.S. court system today is because of a 1993 amendment to Rule 11 of the Federal Rules of Civil Procedures. The amendment gave leeway to attorneys who present frivolous lawsuits in court, allowing a 21-day period for attorneys to withdraw a frivolous lawsuit penalty-free after being challenged in court.
In an attempt to reduce frivolous lawsuits, the U.S. House of Representatives introduced the Lawsuit Abuse Reduction Act of 2015. This resolution passed in the House but failed in the Senate. If it had been successful, the act would have amended Rule 11 to make attorneys more accountable for filing frivolous lawsuits.
It is important for attorneys to practice responsible tort law and choose their cases based on substantial legal precedents. This will ensure that only deserving plaintiffs get court time, and unfairly accused defendants (and the economy) will not be negatively affected by frivolous lawsuits.
How do you fight back against a frivolous lawsuit?
Fighting back against a frivolous lawsuit involves a strategic and informed legal response. The key is to promptly consult with a competent attorney who can evaluate the merits of the case and advise you on the best course of action. This may include filing a motion to dismiss the lawsuit on the grounds that it lacks a legal basis or factual support, thereby seeking to have the case thrown out before it proceeds to costly litigation.
Additionally, defendants can seek sanctions against the plaintiffs or their attorneys for filing a frivolous lawsuit, potentially recovering attorney fees and other costs associated with defending against the baseless claims.
Throughout this process, maintaining thorough documentation and adhering to legal advice is crucial to effectively countering a frivolous lawsuit and minimizing its impact.
