| ▲ | WarmWash 4 hours ago |
| Just a reminder that anyone can file a lawsuit over anything, and the initial complaint is written by lawyers and reads with tabloid levels of sensationalism and allegation. The goal being to maximize the appearance of harm as much as possible so the suit has the greatest chance of sticking. It is not in any way, shape, or form a ruling much less even a piece of well researched work. It's "my side of the story that makes me look perfect, with lawyers turning the heat up to 11" |
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| ▲ | SoftTalker 3 hours ago | parent | next [-] |
| In reality a lawsuit needs to have some basis. The bar might be low but judges frown on having their time wasted with a truly frivolous claim or a claim with no clear damages or harm shown. |
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| ▲ | buckle8017 2 hours ago | parent [-] | | That might have been true at some point in the past and the judiciary might even feel that way still. However the practical penalty for filling absurd lawsuits is zero unless you do it repeatedly to random people for a decade. Absolutely nothing bad will happen to the plaintiff or the lawyers representing them in this case. Western legal systems are broken. |
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| ▲ | Cthulhu_ 3 hours ago | parent | prev [-] |
| Honestly a lot of lawsuits feel like they just want the other party to pay them (settle) to make the lawsuit go away, even if there is no case; what are the repercussions for a frivolous lawsuit? |
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| ▲ | vablings 3 hours ago | parent | next [-] | | Realistically very few. The plaintiff carries the burden of proving the claim, but they are afforded the power of the law to do so via discovery. The defendant then has to spend a large number of legal resources refusing the claims and also providing the evidence required. If the plaintiff loses the lawsuit a countersuit is pretty unlikely to succeed unless the lawyer participates in gross misconduct. Generally, countersuits are filed more to put the original plaintiff on the defense and don't result in a large judgement. If you are operating in good faith, then you are pretty insular from kickback as a plaintiff | |
| ▲ | lotsofpulp 3 hours ago | parent | prev [-] | | >what are the repercussions for a frivolous lawsuit? None, hence the high price of liability baked into basically everything in America. And not just in nominal prices, but in terms of things like restricting access to spaces, restricting access to information, etc. |
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