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Incidentally Speaking "Frivolous Lawsuits and By Julie I. Fershtman, Attorney at Law “Can I be sued if I do this . . .?” People ask me this question all the time, hoping that some special action or precaution will forever insulate them from the burden, aggravation, and expense of a lawsuit. Unfortunately, despite every precaution we take, we live in a society where a person or businesses can be sued for virtually anything. Right or wrong, the fact is that anyone can file a lawsuit against you. Merely because someone has sued you, however, does not mean the case has merit. This article discusses frivolous lawsuits and shares ideas about how to protect yourself and what to do if you are targeted with one. What is a “Frivolous Lawsuit”? A weak lawsuit is not necessarily a “frivolous” one. Frivolous lawsuits are typically cases that have no legitimate factual or legal support and are not even based on a good faith argument for the extension or reversal of existing law. Frivolous lawsuits are sometimes brought for an improper purpose, such as to harass someone. Examples of lawsuits deemed frivolous are those sometimes brought by people against the government claiming that the government has no legal authority to assess and collect taxes. “Frivolous” is not always used to describe baseless lawsuits. The term “frivolous” is occasionally used to describe equally baseless defenses that are sometimes asserted in defense of valid litigation. Fighting Back Against Frivolous Cases If you have become the target of a lawsuit that you believe is frivolous, you will need to defend yourself effectively. Never assume that a judge will, on his or her own, discover the weaknesses of a case or defense. Consider taking several possible actions. Your options will depend on the applicable law, your litigation budget, and the nature of the case. Here are a few: Seek to recover costs, where allowed by law. Lawyers know that applicable law might allow for taxation of costs through which the winning party can, at a minimum, recover certain costs and expenses from the losing party. The financial benefit might be minimal, since taxable costs tend to be limited in scope to deposition transcript costs, filing fees, or subpoena fees. Nevertheless, you might have the satisfaction of imposing extra expense on the one who wrongly sued you. Bring a suit or claim for “abuse of process.” If you believe that a lawsuit was brought against you for an improper purpose, you might have a claim of “abuse of process” against the one who sued you. Your lawyer can discuss this with you. Sue for “malicious prosecution” after you defeat the frivolous case. After you have successfully defeated a frivolous case that was brought against you, you might have a basis to sue the one who brought that lawsuit under the theory of “malicious prosecution.” To bring a valid case for malicious prosecution, however, usually requires proof that the suit you defeated was brought with malice and had no probable cause. Avoid Liability To protect yourself against lawsuits of any kind – frivolous or otherwise – you can consider the following:
This article does not constitute legal advice. About the Author: Julie Fershtman, a lawyer for over 20 years, is one of the most experienced Equine Law practitioners in the United States. She has won numerous courtroom victories around the country for her clients. She has drafted hundreds of equine contracts. Contact her at (248) 851-4111, ext. 160, or visit her websites, www.equinelaw.net and www.equinelaw.info. Let Julie Fershtman’s books help you avoid disputes and understand your rights. The books, MORE Equine Law & Horse Sense and Equine Law & Horse Sense, are easy to understand. Order both books on the CHA website shopping cart at www.CHA-ahse.org. Editor’s Note: Normally this column includes true stories that have been fictionalized. This article is a true story written in the words of the victim, with editorial assistance from the author… Thank you for sharing stories that will prevent others from being hurt. If you have a story you would like to share, please email it to us at office@CHA-ahse.org
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