News & Analysis as of

Frivolous Lawsuits

Court Says Spoliation Motion ‘Borders on Frivolous’

by Zapproved LLC on

Barcroft Media, Ltd. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF), 2017 U.S. Dist. LEXIS 164162 (S.D.N.Y. Sept. 28, 2017). The court denied the plaintiff’s motion for spoliation sanctions where the evidence in question...more

Florida Supreme Court Strikes Defendants' Ex Parte Interviews with Treating Physicians

by Holland & Knight LLP on

• The Florida Supreme Court has dealt a significant blow to Florida's medical malpractice pre-suit process, ruling that statutes authorizing the conduct of informal, ex parte interviews with a medical malpractice claimant's...more

Proposition 65: What Businesses Selling Products in California Need to Know

by Hodgson Russ LLP on

When selling products in the United States, it is important to note that some states have stricter regulations than others. California is the quintessential example, where its Proposition 65 requires businesses to provide...more

Developments In Consumer Class Actions In The Seventh Circuit

In four decisions from the past few months, the Seventh Circuit has staked out positions on several cutting-edge consumer class action issues. See In re: Subway Footlong Sandwich Marketing & Sales Practice Litig., 869 F.3d...more

The High Price of Frivolous Filings

by Faegre Baker Daniels on

If the facts recited by a federal court in its 148-page order are correct, two Florida plaintiffs’ law firms have given new meaning to the term frivolous filing. As a consequence of the filings, the court imposed sanctions of...more

Court Characterizes Plaintiff’s Request for Spoliation of Images Still Available as “Frivolous”: eDiscovery Case Law

by CloudNine on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), New York District Judge Jesse M. Furman denied the Plaintiffs’ motion for spoliation sanctions for failing to preserve...more

EEOC Ordered To Pay $1.9 Million For Frivolous Claims Against Trucking Company

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In the latest chapter of the ongoing legal battle between the EEOC and delivery company CRST Van Expedited regarding the agency’s sexual harassment claims, a federal district court ordered the EEOC to pay...more

Florida Legislation Seeks to Reduce ADA Title III Accessibility Lawsuits

Many lawsuits have been filed in Florida under Title III of the Americans with Disabilities Act. These lawsuits seek to close non-compliant businesses, or require building and interior modifications to make them accessible,...more

Business Litigation Alert: "No Objection - Why Tort Lawsuits in the U.S. are Declining"

by Porter Hedges LLP on

According to a recent Wall Street Journal article, the number of tort lawsuits filed in the U.S. is rapidly declining. In its analysis of data from the National Center for State Courts, the WSJ found that less than two out...more

Sanctions For False Pleadings

by Fox Rothschild LLP on

In many cases, clients ask us if we can file a motion against the other party for filing a false or frivolous pleading. In a recent opinion, the Commonwealth Court of Pennsylvania outlined the way in which a party must file a...more

Attempted End Run Around Wisconsin’s Exclusive Remedy of Worker’s Compensation Fails in Asbestos Litigation in the Seventh Circuit

by Ruder Ware on

Wisconsin’s exclusive remedy of worker’s compensation has long been a bulwark against civil suits brought by employees (subject to a few narrow exceptions not applicable here). This bulwark has survived a creative attack in...more

For It’s One, Two, Three Strikes and Prisoner Suits (Might Be) Out

by Butler Snow LLP on

The Prison Litigation Reform Act (PLRA), enacted by an overwhelmingly bipartisan vote to respond to the prisoner “litigation explosion,” has reduced the number of prisoner suits. But more than twenty years later, federal...more

Serial Suers and Vexatious Litigants: Can Courts Prevent Someone From Filing a Lawsuit?

by LeClairRyan on

The vexatious litigant is a problem that civil litigation attorneys very likely encounter at least once during their careers. It is a well-accepted precept that courts exist, in part, for citizens to seek redress for their...more

Pumping Up Exceptional Cases Under the Octane Fitness Standard

A flurry of activity from various courts this past week on “exceptional cases” under Section 285 of the Patent Act provided notable guidance for practitioners and patent owners, with a particular emphasis on the motivation...more

Federal Circuit Concludes Differently on Two Exceptional Case Actions

by Brinks Gilson & Lione on

On June 5, 2017, the Federal Circuit arrived at two different conclusions concerning whether a case is exceptional under 35 U.S.C. § 285, reversing the district court in both cases. The two cases are Checkpoint Sys., Inc.,...more

The Spears Hearing: An Under-Utilized Filter for Frivolous Prisoner Lawsuits

by Butler Snow LLP on

In a previous post, I noted the recent twentieth anniversary of the Prison Litigation Reform Act (PLRA) – highlighting the intent behind the Act (to curb frivolous inmate lawsuits) and the Act’s effect (a sixty percent drop...more

Past Time for Rule 11 in Louisiana

by Reed Smith on

The Louisiana Product Liability Act (“LPLA”) was enacted way back in 1988 – almost 30 years ago – to rein in the Louisiana courts’ product liability insanity (inanity?) epitomized by Halphen v. Johns-Manville Sales Corp., 484...more

Lawsuit Abuse Reduction Act Would Mandate Sanctions for Frivolous Claims

by Jones Day on

On March 10, 2017, the U.S. House of Representatives passed the Lawsuit Abuse Reduction Act of 2017 ("LARA") by a vote of 230–180. 163 Cong. Rec. H2025-03, H2025. The bill seeks to undo the 1993 amendments to Rule 11 of the...more

The House Has Passed H.R.720: The Lawsuit Abuse Reduction Act of 2017

by Benesch on

On March 10, 2017, at 11:29 a.m., by a vote of 230 to 188, with eleven members not voting, the House of Representatives passed the Lawsuit Abuse Reduction Act of 2017. Of the “ayes,” 227 were Republican and three were...more

House Approves Controversial Class Action Bill

In Take Two!: Congress Revives the Fairness in Class Action Litigation Act, Eversheds Sutherland discussed the provisions of the Fairness in Class Action Litigation Act of 2017 (H.R. 985; the Act), a reform bill designed to...more

Curtailing Abusive Litigation: Congress to Consider Important Legal Reform Legislation This Week

If your organization is facing abusive litigation—or is concerned about that possibility—you may be pleased to know that, this week, the U.S. House of Representatives is expected to consider and pass four bills aimed at...more

Sanctions and the Terrible, Horrible, No Good, Very Bad Appeal

by Jaburg Wilk on

This may not be a book my new grandson Felix will soon be reading, but it does raise a legitimate question: When you really, truly, believe a federal appeal is frivolous, and not just garden variety, I know you’re going to...more

Twenty Years After Reform, Inmate Litigation Still Crowds Dockets

by Butler Snow LLP on

A million dollars in damages for melted ice cream. Cruel and unusual punishment for having to listen to country music. A suit demanding L.A. Gear or Reebock shoes instead of prison-issued Converses. An emotional distress...more

Are All Troll Cases Exceptional?

In Iris Connex, LLC, v. Dell, Inc., [2:15-cv-1915-JRG] (January 25, 2016), District Judge Gilstrap, after granting summary judgment to Dell, awarded attorneys fees, noting Dell’s arguments that Iris Connex’s claim...more

Warning Shot Fired (Finally) at Improper DCAA Cost Disallowance Basis

For a number of years, contractors have been required to expend substantial sums challenging baseless legal theories initiated by the Defense Contract Audit Agency (DCAA) and rubber-stamped by the Defense Contract Management...more

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