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Frivolous Lawsuits

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					Frivolous litigation is defined as the practice of starting or carrying on law suits that
have little to no chance of winning. While a lawsuit may be coined frivolous by the
judiciary of the United States, "frivolous litigation" is considered to consist of a legal
claim or defense presented even though the party or the party's legal counsel had
reason to know that the claim or defense was manifestly insufficient or futile, that is
to say, had no legal merit and may also lack legal standing.
  To deter frivolous law suits and save tax payers dollars along with controlling the
waste of courts and other parties 鈥?time, the United States Court, created Rule 11 of
the Federal Rules of Civil Procedure stating that an attorney must perform due
diligence investigation concerning the factual basis for any claim or defense.
  If a court feels an attorney has not performed due diligence, the attorney or the
attorney 鈥檚 firm can be held in contempt. Both could also be fined by the United
States Tax Court for up to $25,000. In addition, the losing party must pay the
prevailing party for damages.
  While the United States judicial system is careful in deeming cases frivolous in order
to remain open for all those who seek in good faith the protection of the law, many see
such cases as a lottery ticket.
  One example of a frivolous case that caused notoriety was in the Pearson vs. Chung.
Washington, D.C. Judge Roy Pearson sued a dry cleaning business for $67 million
(later lowered to $54 million), for losing his pants (which he brought in for a $10.50
alteration). Pearson believed that a 'Satisfaction Guaranteed' sign in the window of the
shop legally entitled him to a refund for the cost of the pants, estimated at $1,000. The
$54 million total also included $2 million in "mental distress" and $15,000 which he
estimated to be the cost of renting a car every weekend to go to another dry cleaners.
  The Chung 鈥檚 legal costs skyrocketed and eventually the Chungs had to sell their
dry-cleaning business.

  Other frivolous and notorious lawsuits such as those mentioned in an article in the
Huffington Post include:
  Michigan man sues Anheuser-Busch for failing to see two beautiful women after
drinking a case of their beer, something their ad seemingly portrayed. The man sued
the company for false advertising, asking for a sum in excess of $10,000. Oregon man
Allen Heckard sued Michael Jordan and Nike due to the fact he looked a lot like
Michael Jordan and felt they were stealing his identity. The man sued for $832 million
for his "emotional pain and suffering." Lindsay Lohan sought $100 million from
E-Trade for use of the name "Lindsay" in reference to a female baby in their Super
Bowl ad. Her people claimed the public knows her by the singular name, like Oprah
or Madonna, and that referring to the baby as a "milk-aholic" directly references her
life. In 1995, Robert Lee Brock attempted to sue himself for $5 million claiming he
violated his own civil rights by getting intoxicated and committing crimes. He was
serving a 23 year prison sentence at the time and thought the state would have to pay
because he was incarcerated. 52-year-old L.A. traffic cop, Macrida Patterson sued
Victoria's Secret after a thong she purchased there broke and the rhinestone heart on
the side flew into Macrida's eye and hurt her. Tomas Delgado was driving over the
speed limit at night and hit and kiled a child on a bike. He was not accused of
manslaughter due to the fact the child was not wearing safety gear or reflectors.
Tomas Delgado then decided to sue the family of the boy for damages to his Audi car.
 Steven Medvin is the Executive Director of SMP Advance Funding, LLC, which
provides lawsuit funding to individuals who need a lawsuit loan for pending lawsuits.
For more information please visit: http://www.smpadvance.com.

				
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posted:2/10/2011
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