Frivolous Lawsuits As children our parents tried to instill in all of us good moral judgment and common sense. However, if I was to open the newspaper I would surely find any number of articles on the latest frivolous lawsuit, these being even more outrageous than the ones in yesterday’s paper. How have we as a society, which is completely capable of rational thinking, allowed ourselves to become so intertwined in the blaming game? Americans file about 15 million lawsuits
We Must Put an End to Frivolous Inmate Lawsuits Our forefathers were bright enough to establish a system of government with a series of checks and balances to maintain a balanced government. For the past decade a series of checks and balances has begun to fail our government. In our failing system of government inmates have taken advantage of the court system and have flooded it with an inconceivable number of frivolous lawsuits. Laurel Walters, a writer for the Christian Science Monitor, investigated
A frivolous lawsuit is a lawsuit that is filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims (Legal). Sometimes, this lawsuit is pointed at an entire organization because of an injury or problem caused by something they provide to consumers. Sometimes, they actually win. A number of economic resources that go into these lawsuits, being time and money, is outrageous (Post). There is a multitude of other possibilities
Do you remember the lawsuit about the woman who ordered the McDonald’s coffee and spilled it in her lap and sued McDonald’s because it did not have a warning label on it? What about the woman who fell in the fountain at the mall while texting and wants to sue the mall? These lawsuits may seem fairly farfetched. They fall into the category called frivolous. Black’s Law Dictionary defines frivolous as lacking a legal basis or legal merit; not serious; not reasonably purposeful (Garner, 2006). When
In this age of endless lawsuits and litigation from everyone suing everyone else, one must ask the question “where does product liability end and consumer responsibility begin?” This question has been further complicated by occurrences that stretch to the most far-reaching ends of this spectrum, the spectrum ranging from strict product liability of the company to complete consumer responsibility. On the strict product liability of the company side, we have the cigarette industry where the CEOs of
as potential malpractice litigants. Therefore, doctors order unnecessary costly tests or avoid treating patients to insure safety from lawsuits. In Chicago, emergency room personnel refused to care for a boy who was shot, and had collapsed thirty feet outside the hospital door, because their legal duties were only to those inside. Because of the fear of lawsuits, the young boy was denied the opportunity to live. Not only are doctor-patient relationships affected, teachers and students are learning
Tort Reform A tort is wrongful interference against a person or property, other than breaches of contract, for which the courts can rectify through legal action. The reform effort is aimed at reducing the number of unnecessary lawsuits that burden the court system while still allowing injured parties compensation when they’ve been wronged. This latest effort at tort reform has given rise to the same spirited rhetoric that might be found in a courtroom. With the prominence of the tort reform
Honda designed. Honda without saying or publicizing anything allowed the court decision to turn public opinion around. Honda let the public form its’ own opinions on the court decision; ultimately the public decided that the Honda case was a frivolous lawsuit brought by a grieving family and had no legal standing. The Honda management team made some missteps along the way but in the end came through to legally defend its products and assemble public support.
down, but his house was not harmed (Levi 145). When William was about twelve, his father's fortunes began to take a dive. Though the reason for this is debated, many think that John Shakespeare neglected his family business and was involved in many lawsuits. As a result of their debt, John had to transfer land and mortgage his wife's estate. By 1578, the family became so poor that they didn't have to pay the local taxes. William left school at thirteen to help on the farm (Quennell 133). When he was
funds in which to invest. Other parts in the history of Clare soap the company was in a real rut. One time, during the Vietnam War (I think), a lot of students boycotted all Clare products. At the end of the book, they are being presented with many lawsuits because their plant was putting out harmful materials and causing cancer. The story of Laura Bodey intrigued me much more than the other half of the book. This is because it was more personal. It was more than just facts. Laura Bodey is a mother
PLAINTIFF’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT FACTS AND BACKGROUND This case arises from a November 14, 2010 fire, which damaged a Dunkin Donuts (the “Property”) owned and operated by the Plaintiffs. The Plaintiff’s had hired the Defendant to renovate the property. The fire occurred while the Property was closed for renovations, and the Defendant was in sole possession and control of the Property during the renovation. The fire originated at or near a gas-fired
The resolution of disputes through alternative dispute resolution mechanisms has gained momentum over recent decades. It has increasingly occupied space in the academic literature as the “new” method to achieve “justice” for disputing parties. It is important to note that a variety of definitions of “justice” can be relied upon. However, in many cases, justice will mean the parties being able to resolve their dispute fairly, justly and amicably by applying law or legal principles. Traditional legal
all depends." The ever-pervasive element, the lawsuit, is no longer just an American "get rich scheme;" but, it is now heavily at work in the United Kingdom. Everyone is trying to make an easy buck off of the judicial system and for the most part they are doing a good job. People suing all the time and winning large sums of money in court with ridiculous cases have chipped away at the underlying goodness of lawsuits. Therefore, the potential for lawsuits to better the economy has always been there;
describing the wife of a man named Joakim, the beautiful Susanna. She had been taught according to the law of Moses and was very righteous. Because her husband was very rich the two elders who were appointed judges often were often there and anyone with a lawsuit came to them there. Susanna would spend the long afternoons in the large garden adjacent to the house. The two elders sometimes watched her and they both secretly began to desire her. Their minds turned from what was holy and they only thought of
In “Life is Not Measured by Grade-Point Averages” by H. Bruce Miller, Miller announces that a young lady named Gabrielle Napolitano was suing the University for accusing her of plagiarism in her paper. Napolitano hired a lawyer and built the case stating that the so called “plagiarism” was just a, quote “technical error” (Miller, par.2). Miller announces this problem but doesn’t get his true argument out until the last few paragraphs of his paper, stating that students need to stop worrying about
Criminal Trial Background: The background of the relationship between OJ Simpson, and Nicole is, at first they were just friends who first met while Nicole was a waitress. When they first met she was also 17 years of age. OJ Simpson at the time had met Nicole while he was still married to a woman named Marguerite. Marguerite and OJ Simpson divorced after their child Aaren drowned in the family's swimming pool a month before her second birthday. Nicole and OJ Simpson got married in 1985 after a couple
Opportunity Complaint counselor or representative of the company. Once the charge has been filed, an investigation is made, or the charge maybe selected to an EEOC program and maybe dismissed. In this case, John is given a certain number of days to file a lawsuit on his behalf. This process would have to go through several lengthy stages such as the EEOC administrative process. If gone to trial it must go through filing of a summons, response and answer, discovery process, enlisting of experts, pre-trial,
Start taking stance from the beginning. DEFINE REFORMS AND CIVIL JUSTICE SYSTEMS. Refer to two books Civil process is a means provided by the state for individuals to settle disputes amicably with the aid of the justice system. During the 20th century, majority of the people that relied on legal methods to resolve dispute were grossly dissatisfied with the civil procedures involved. Committees were setup to look into the defects and shortcomings on the procedural methods. Among these were The Winn
In 2012, one of the largest companies in Canada agreed to settle a class action lawsuit brought by 1000 Canadians who used the drug Vioxx, known for arthritic pain. It was used by many people since 1999, but it was later known that many consumers who used Vioxx had suffered from heart attacks and strokes. The plaintiffs argued that Merck
Are we Sueing for a Purpose? People today are not sueing to rectify matters. There is no purpose in lawsuits today. I believe everyone is out to get an easy buck through the judicial system. It is almost inevitable if people spill hot coffee on themselves that they will win a lawsuit against the company that served them that coffee. People believe that nothing is their fault and that someone (the defendant) should pay. The problem with the judicial system today is that people are sueing all the