Do they actually serve Bellicheck, Moss, and Tom Brady with papers and require an answer or else lose on default judgement?
Or is there a judge or even someone in the clerk’s office that deposits this in the nearest garbage can. Surely there is some method to stop this idiocy, or do the taxpayers keep having to pay to process these claims?
In federal court, a meritless lawsuit can be dispacthed with a motion to dismiss for failure to state a claim. (See FRCP* 12(b)(6)). The target of such lawsuit might also seek sanctions for frivilous litigations. (See FRCP 11). In the case of chronicly abusive litigants (often prisoners), courts may forbid the filing of a pleading without prior court approval. but, to answer your question - yes, they will can be served, at which point they will hire lawyers who will defend them.
I’ve served on a jury sat for a frivolous lawsuit. I think that changes need to be made in the courts system such that in all civil cases the loser should pay all court costs and, furthermore, pay the jurors for all lost wages and expenses. That would cut down on those silly cases.
I agree with your sentiment, but such a rule would also have the adverse affect of discouraging plaintiffs with a legitimate claim from suing a person or company with vast resources.
Imagine you had a non-moronic claim against Mr. Burns, but if you sued and lost the case, you’d have to pay all his legal bills, even if you did nothing wrong.
You have a good point, but a balance can be struck. In Canada if you sue and lose, you are responsible for the defendent’s legal costs. These costs are determined by a court formula and may be a lot less than the defendent actually paid. That way you can’t “take a run at someone” and walk away free if it doesn’t work out for you.
Thanks for all of the responses. A few more things:
I appreciate the pros and cons of the “loser pays” argument, but I’m not even talking about THOSE kind of frivilous lawsuits. I’m talking about a lawsuit like this, so frivilous that the slimiest trial lawyer in the world would laugh at it…
This guy is a prisoner and probably has no money at all. Sanctions or “loser pays” or even the threat of incarceration means nothing.
And a frivilous filer can require court approval? This guy filed 36 lawsuits in September alone.
My point is that there must be a better way of stopping him. And seriously, no joke, in THIS filing, the local sheriffs would go to Bellichek, Brady, and Randy Moss’s houses and serve them with this paperwork, service all done at taxpayer expense?
And then these guys would have to pay their lawyers (with their money) to get the case tossed? It seems unbelievable to me…
Courts have plenty of tools to dispose of moronic lawsuits, but will sometimes bend over backwards to ensure that everyone gets his or her day in court for fear of hastily dismissing a meritorious but poorly-framed case. In addition to the options of dismissal for failure to state a claim, summary judgment, sanctions and attorney fees, Ohio and many other states have “vexatious litigator” statutes through which a lawsuit junkie can be barred from bringing suit unless he or she convinces the court that the case is (probably) meritorious right out of the gate.