I hear frivolous lawsuits are clogging up the courts and “law suit abuse” makes it impossible to get business done. I don’t think this is a fair characterization.
I don’t deny that there are some really bad lawsuits. And some businesses have attempted to turn the abuse of the judicial system into a profit engine. But the vast majority of so-called “frivolous” lawsuits are either a) dismissed very quickly, or b) not frivolous. (Of course the attorney for the opposing side says the suit is frivolous. That’s what he’s paid to do.)
And, on the other side, we see a lot of people who have meritorious suits but, for one reason or another, don’t sue. Culturally, we have more respect for “don’t rock the boat” than we do for “get every penny you’re owed.” While the litigation process can be tedious and stressful for everybody involved, this has everything to do with the nature of litigation (and the failure of alternatives) and nothing to do with the quantity of lawsuits.
I suspect the real ruckus about “law suit abuse” has more to do with businesses who don’t want to be held accountable for hurting people than it does with actual abuse of the litigation process.


