Federal judges are saying that all the publicity over so-called "frivolous lawsuits" is just hype. It isn't a major problem in the federal courts, say the overwhelming majority of federal judges.
The Washington-based Federal Judicial Center conducted a survey ("Report of a Survey of U.S. District Judges' Experiences and Views Concerning Rule 11") and 278 federal judges responded. A whopping 70% said frivolous lawsuits were either a "very small" or a "small" problem while another 15% said it was not a problem at all.
Sicne around 1993 there have been federal and many state court rules, generally called "Rule 11", that allow judges to punish people who bring groundless lawsuits, including their attorneys. 87% of the survey participants favored keeping Rule 11 just as it is and 91% opposed the "Lawsuit Abuse Reduction Act" which is now pending in Congress and which would require mandatory sanctions on attorneys who bring frivolous lawsuits.
Leaving the law alone allows Judges to look at each case individually and decide what persons and attorneys are really abusing the system and then punish each of them appropriately.
This study confirms what many attorneys already suspected --- frivolous lawsuits are few and far between and judges already have all the power they need to punish those who bring them.
The reality is that frivolous lawsuits are not a real problem at all. They are just an excuse being used by politicians to hamstring the legal rights of consumers everywhere. Owners of lemon cars don't bring "frivolous" lawsuits because they have real, genuine problems with defective motor vehicles that manufacturers won't buy back or replace for what many people think is one reason and one reason only ... because customer satisfaction takes a back seat to corporate profit and loss statements.
People still think many lawsuits are frivolous, even though the evidence doesn't support the myth. Until the myth is seen for what it is though, for now if you've got a lemon, email or call us 1-888-331-6422 Toll Free. Getting rid of lemons and getting your money back, that's what we do. Every day.