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Do people sue to much?
Most people would say yes. Think about the crazy things you see on the warning labels like "don't use the curling iron while in the bathtub" the company had to put that on there because some dumb person did exactly that before it was on the label and they sued the company for it. CRAZY! What about the "Caution HOT" label on your Coffee, of course it's hot you just ordered a hot coffee. Let me sue because I spilt my coffee on me and got burnt. What. An. Idiot
The English Rule vs. American Rule
In the field of law and economics the English Rule is a rule controlling assessments of attorneys' fees arising out of litigations. The English rule states that the party who loses in court pays the other party's attorney’s fees. This contrasts with the American Rule where each party each party is generally responsible to pay its own attorneys' fees, unless a statue or contract provides for that assessment. Nearly every Western democracy other than the United States follows the "English Rule"
Smith & Grassley Introduce Lawsuit Abuse Reduction Act
The Lawsuit Abuse Reduction Act takes three strong steps to help thwart frivolous lawsuits.
• Reinstates the requirement that if there is a violation of Rule 11, there are sanctions (Rule 11 of the Federal Rules of Civil Procedure was originally intended to deter frivolous lawsuits by sanctioning the offending party).
• Requires that judges impose monetary sanctions against lawyers who file frivolous lawsuits. Those monetary sanctions will include the attorney’s fees and costs incurred by the victim of the frivolous lawsuit.
• Reverses the 1993 amendments to Rule 11 that allow parties and their attorneys to avoid sanctions for making frivolous claims by withdrawing them within 21 days after a motion for sanctions has been served.
Copy of Bill
• Reinstates the requirement that if there is a violation of Rule 11, there are sanctions (Rule 11 of the Federal Rules of Civil Procedure was originally intended to deter frivolous lawsuits by sanctioning the offending party).
• Requires that judges impose monetary sanctions against lawyers who file frivolous lawsuits. Those monetary sanctions will include the attorney’s fees and costs incurred by the victim of the frivolous lawsuit.
• Reverses the 1993 amendments to Rule 11 that allow parties and their attorneys to avoid sanctions for making frivolous claims by withdrawing them within 21 days after a motion for sanctions has been served.
Copy of Bill
Some ridiculous recent lawsuits:
1. Girls Sued for Baking Cookies
July 2005: Two well-meaning teenage girls in Durango, Colorado decided one summer night to bake cookies for their neighbors. They packaged the baked treats in plastic wrap with a heart-shaped message wishing the recipients a good night. When they knocked at the door of Wanita Renea Young, however, the woman became so terrified that someone was outside her house at 10:30 PM that she suffered an anxiety attack and successfully sued the girls for $930 to cover a trip to the emergency room. Her request for money to cover pain and suffering was denied.
2. Man Sues Michael Jordan for Looking Like Him
July 2006: Portland, Oregon resident Allen Heckard sued former basketball star Michael Jordan and Nike founder Phil Knight for $832 million, claiming that they have made Jordan such a recognizable figure that he has suffered personal harm from being repeatedly mistaken for the basketball player. Within a month, Heckard had dropped the suit.
3. Man Sues Homeless for $1 Million
January 2007: Karl Kemp, owner of a ritzy antiques store on Manhattan's Madison Avenue, sued four homeless people who congregate in front of his shop because they scare off potential customers. The amount of the suit: $1 million, payable apparently in shopping carts full of aluminum cans
4. Magicians Sued for Stealing God's Powers
June 2005: Reality-challenged Minnesota resident Christopher Roller sued magicians David Copperfield and David Blaine for using Roller's "godly powers" without his permission to perform their acts. Roller, by the way, claimed to be a god. He also claimed that the movie The Truman Show was based on his life and that he was married to both Katie Couric and Celine Dion, with whom he planned to father 1 million babies.
5. Man Sues Wife for Donated Kidney
January 2009: After Long Island doctor Richard Batista was slapped with divorce papers from his cheating wife, he decided he'd had enough and sued her for the return of a gift he'd give her eight years prior: a kidney. If that wasn't feasible, he'd "settle" for $1.5 million. You're welcome.