Can You Sue Someone for Wrongfully Suing You
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The vast majority of personal injury lawsuits filed in the United States involve legitimate claims and are the upshot of honest disagreements. But every twelvemonth, a handful of lawsuits become filed that are patently ridiculous.
Permit'southward take a quick look at what frivolous lawsuits are, why they're filed, and whether there are whatever repercussions.
What's a frivolous lawsuit?
A frivolous lawsuit is a lawsuit that has no legal merit. To put it just, a frivolous lawsuit has no basis in law or fact.
A frivolous lawsuit has no legitimate legal or factual support. 
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Ridiculous, absurd, ludicrous, and nonsensical—these are all words that can be used to describe a frivolous lawsuit. But, frivolous lawsuits are perhaps best understood past looking at a few real-life examples.
Overton v. Anheuser-Busch Co., Michigan Court of Appeals (1993)
In 1993, Richard Overton sued Anheuser-Busch for fake advertizing after he drank a 6-pack of Bud Light and the beer failed to produce visions of beautiful women on a sandy beach (as the advertisement he had seen seemed to suggest). He sought $10,000 in damages, claiming that Bud Light'southward deceptive marketing caused him emotional distress.
The trial courtroom threw out the frivolous lawsuit and the decision was upheld by the Michigan Court of Appeals.
Pearson five. Chung, Superior Court of the District of Columbia (2005)
Roy Pearson took a pair of pants to a local dry out cleaners for alterations. The dry out cleaners inadvertently sent the pants to the incorrect location. Though the pants were quickly recovered and returned to Pearson, he claimed the pants didn't belong to him (despite documentation provided showing otherwise). Pearson then sued the owners of the dry out cleaners for $67 1000000 in damages. Making this case even more baroque, Pearson was actually an administrative law gauge at the fourth dimension of the lawsuit.
Unsurprisingly, the superior court approximate ruled in favor of the dry cleaners.
Rosenberg v. Google Co., Utah District Courtroom (2009)
In 2009, Lauren Rosenberg sued Google for more than $100,000. The footing of her lawsuit was that Google Maps advised her to walk along a freeway to become to her destination. Despite the directions being clearly wrong (or at to the lowest degree dangerous), she followed the directions precisely and was hit by a auto.
The district court granted Google'south motion to dismiss the frivolous lawsuit.
Interestingly, the famous case most frequently cited as an example of a "frivolous lawsuit," wasn't frivolous at all.
McDonald's hot java lawsuit
In Liebeck v. McDonald's Restaurants, Stella Liebeck sued McDonald'southward after spilling a loving cup of hot coffee in her lap. For people who didn't hear annihilation more than virtually the case, they chalked the lawsuit upwardly as another example of out-of-command litigation.
Only in reality, there was much more to the case.
Stella sustained incredibly gruesome tertiary-caste burns on her legs, lap, and groin. (Don't believe information technology? Run a search for "Stella Liebeck burn photos.")
What's more, McDonald's had already received over 700 complaints about their scalding hot coffee, but they decided to continue serving their coffee more than forty degrees college than about restaurants. Finally, earlier suing McDonald's, Stella attempted to settle the matter for a mere $800. McDonald'south refused.
Ultimately, the jury awarded Stella $two.7 million in amercement.
Why are frivolous lawsuits filed?
Sadly, frivolous lawsuits are sometimes filed by plaintiffs who are suffering from a mental illness. But in most cases, frivolous lawsuits are filed for purposes of:
- Harassing the defendant. Beingness sued is incredibly frustrating. Even if the case is meritless, the defendant has to expend time, energy, and financial resources to have the example dismissed. What's more, the defendant's reputation might be tarnished if people hear about the lawsuit and assume it's legitimate. For these reasons, frivolous lawsuits are oft used past plaintiffs as a way to harass defendants.
- Generating media attention. Sometimes lawsuits are filed for no other reason than to generate fizz. Generally, these lawsuits are filed by advocacy groups who wish to bring attention to an result.
Are there any consequences for filing a frivolous lawsuit?
Most courts are overwhelmed past legitimate lawsuits. For this reason, judges find it especially frustrating when a frivolous lawsuit is filed. Fortunately, judges have the authorization to sanction lawyers and fine plaintiffs who file frivolous lawsuits.
What's more than, a defendant in a frivolous lawsuits can turn around and sue the plaintiff for malicious prosecution. A claim for malicious prosecution is a tort activeness, and damages include the costs of having to defend against the baseless lawsuit.
Take you had an experience with a frivolous lawsuit? Share your story below.
Source: https://www.enjuris.com/blog/questions/frivolous-lawsuits/
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