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    « Missing the Target Market | Main | A Brief Recruiting Setback for the Trojans »

    January 26, 2006



    All jurisdictions have provisions where clearly frivolous lawsuits can be tossed out, with demurrers, motions to dismiss or motions for summary judgment. The exception to this rule is that, if the lawsuit is only frivolous because the plaintiffs are lying (and the lawsuit would be valid if the story was true), there is no way to go out of that case other than to win at trial.


    Is this pretty much true in all jurisdictions, that judges have the discretion to throw out lawsuits that they deem frivolous?

    Proponents of tort reform always seem to rely on heavily anecdotal evidence -- this would be one more blow against them.

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