It’s always interesting to run across someones list of frivolous lawsuits. As always, there is a sense of "eye of the beholder" with each. There also are often times urban myths that are included because they spice up the pieces. This week, I came across a list from Lawlygagging with the 15 Crazy Lawsuits.
- It’s interesting that the link to number one actually tells us that the plaintiff dropped the suit because it was getting so much attention. So much for that being a great example.
- The piece starts with the claim that " increasingly litigious society" with no support for this claim. And it actually doesn’t really include any of the criminal, business, and mortgage foreclosure cases that are driving the increased litigation.
- Looking at the list, not one of these cases would be changed if caps were imposed. Sure, maybe damaged claimed would have to be less, but do you really think some of these "crazies" would be deterred by the limiting of the rights of the most injured?
- There isn’t a single frivolous defense on the list. Shouldn’t doctors who make up opinions, defendants who deny that they are at fault in even the most egregious cases, and defense lawyers who are churning files to get paid may be be on the outrageous list somewhere?
- Few of these examples include people who are actually represented by lawyers. So maybe the point is that people should have a right to bring claims for themselves.
As I said, these lists should do more than just give us a laugh. Particularly, because of how they are used by the U S Chambers and others to bar the claims of legitimately injured individuals. I look at the list and don’t see any that I think are going to be successful. But, that isn’t the reason for these lists.
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.