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Articles Posted in Frivolous Lawsuits

A poll recently released by the Defense Research Institute found that an overwhelming majority of respondents found that our civil courts are fair.

Check out the DRI’s release here. Note that the headline says “41% Doubt Fairness of Civil Courts” when the article explains that 58% expressed confidence in court decisions.

There are other interesting nuggets here as well. 83% said that the side with the most money for lawyers usually wins. That’s really interesting in terms of personal injury litigation, where generally only one side has money for lawyers, and the other side only has a lawyer at all because of the existence of a contingent fee agreement.

One of the biggest names in the “legal blog” field is Overlawyered.com, primarily written and edited by Walter Olson. The site’s self-description states:

“Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public’s expense, and resists even modest efforts at reform and accountability.”

I love the site and read it nearly every day even though as a trial lawyer; I am clearly on the other side of the debate. I often disagree with Mr. Olson, but over the years I have grown to respect the work he does.  He was even kind enough to speak one year to my Insurance Law class at the University of Baltimore School of Law.  We agree on more than I thought we would.  But, either way, I think Overlawyered is usually intellectually honest. One of the main things we see on Overlawyered is sharp critiques of lawsuits seen as frivolous or unfair.

Hot of the presses is a new “study” on “Tort Liability Costs for Small Business” from the U.S. Chamber of Commerce’s tort reform propaganda ministry, the dubiously named “Institute for Legal Reform.”

Your Sources Matter

tort reform chamber of commerceThis report wears the sheep’s clothing of objectivity, but an examination of the sources and methods it uses reveals the wolf beneath. Consider this:

We are always hearing about these evil, un-American frivolous lawsuits that threaten the very fabric of our society. OK, I get it. I dislike frivolous lawsuits as much as anybody. They devalue the claims of the truly injured, diminish the reputation of the plaintiff’s bar, and waste time and money.

But what about meritless defenses that are made against non-frivolous lawsuits? Two great examples today.

First, Eric Turkewitz writes about a New York defense attorney making the argument that pain is not a “personal injury.” Riiiiiight.

You see and hear a lot in the media about frivolous lawsuits.

Believe me, people do file foolish lawsuits.  There are over 300 million of us.  People will do crazy things.

But the economic cost is relatively insignificant.  You would never know this because people who hate civil lawsuits play to a public perception and often mislead people. Let’s take the “Stella Awards”  The purpose of these awards is to create public awareness of what a danger these stupid lawsuits are. They are called the “Stella Awards” because Stella was the first name of the Plaintiff in the infamous McDonalds “hot coffee” case.