11-27 IAT Frivolous

11-27 IAT Frivolous

David Sparks Ph.D.
David Sparks Ph.D.
I have a hypothetical for you. You have a big beef operation and some punk tries to trespass on your property for whatever reason, maybe to go hunting without your permission, and gets a huge gash on his forehead while trying to climb through your barb wire fence. Next thing you know, you are contacted by his attorney and you are being sued for medical and cosmetic damages. Sound frivolous and impossible? Think again cowboy. Well, recently Idaho Congressman Mike Simpson joined House colleagues in supporting the Lawsuit Abuse Reduction Act, which would  limit unnecessary and frivolous lawsuits in U.S. federal courts. 

 

Congressman Simpson's spokesperson, Nikki Watts. "We need to do better in this country protecting individuals and small businesses who have had been sued unfairly.  Often, even if a case is found to be frivolous, victims of baseless lawsuits are forced to pay thousands of dollars and spend significant amounts of time away from their families and their jobs. Unfortunately, this is frequently the result of overzealous lawyers who have the incentive to sue and collect lucrative attorney's fees."

 

H.R. 2655 would ensure penalties for abusers of the law and provide protections for victims of frivolous lawsuits.  It imposes mandatory sanctions on lawyers who file baseless suits and ensures the victim is compensated in full, including the attorney's fees and other costs incurred.  It also would get rid of the current "free pass" rule that allows lawyers to file frivolous suits and simply withdraw them after 21 days even after the victims have spend time and money defending themselves.

 

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