I got this email the other day:
Chamber To Discourage Frivolous Lawsuits Against Small Companies
Representatives of two major business groups say Congress should revive a change in the federal rules of civil procedure in order to discourage what they call frivolous lawsuits against small companies. The push came today from the legal arms of the National Federation of Independent Business and the US Chamber of Commerce. Lawyers for the groups submitted testimony for a hearing before a House Judiciary subcommittee that is considering the proposed change to the section of federal Rule 11 dealing with sanctions against lawyers.
I agree that frivolous lawsuits are bad. We actually talk to people all the time and discourage claims that should or can’t be brought in our system. Because, cases cost us money and it doesn’t make any sense to pursue a claim that will cost more to pursue then it will ever hope to return.
But then I read the article they attached, and funny it doesn’t really say anything about Small Business. It quotes a lawyer who looks more like a champion for big business. There also isn’t a peep abut frivolous defenses or protecting the rights of the consumer.
No it’s a call to make Rule 11 sanctions mandatory. I would bet there are all sorts of corporate lawyers getting ready to not answer discovery or to fully disclose evidence, who are assigning associates to the writing of those sanction briefs.
Rule 11 is a good thing because it is part of the whole system that issues that frivolous claims not be brought. There is also summery judgment and the award of costs that protect the system also. But, this reads like a way to take balance out a good overall system.
U S Chamber Video About Swing Sets Looks To Be More Hogwash, Mike Bryant | January 11, 2011 9:43 AM
U S Chamber Has A Brand New Abuse That Makes You Scratch Your Head, Mike Bryant | August 19, 2010 9:35 AM
U S Chamber Emails Minnesota About Washington State Jobs, Mike Bryant | May 03, 2010 9:14 AM
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.