Frivolous Lawsuits
Q&A Radio: 31 August 2014, Question 3
I answered a question on frivolous lawsuits on 31 August 2014. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
Should judges refuse to hear cases from lawyers behind frivolous suits? In your 15 May 2014 show, you expressed curiosity about possible improvements to the justice system. I came up with the following idea after sitting on a jury for a civil trial where, after the plaintiff presented his case, the judge dismissed the suit without even having the defendant present his defense. In cases where a judge thinks everyone's time and money were wasted by a pointless case, the judge should refuse to hear any future cases from the lawyer for the losing side. That would cause the lawyer to think twice about representing any frivolous cases, since he would risk being banned from the presiding judge's courtroom henceforth. In addition, judges who know each other could share lawyer blacklists, preventing the lawyer from wasting other judges' time as well. Would this be possible? Would it fix the problem of frivolous lawsuits?
My Answer, In Brief: The problem of frivolous lawsuits cannot simply be fixed: every proposed reform to exclude frivolous lawsuits would affect legitimate cases too. However, some reforms for the better are possible.
Tags: Incentives, Justice, Law, Torts
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About Philosophy in Action
I'm Dr. Diana Brickell. I'm a philosopher specializing in the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My book, Responsibility & Luck: A Defense of Praise and Blame, is available for purchase in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck."
My radio show, Philosophy in Action Radio, broadcasts live over the internet on most Sunday mornings and some Thursday evenings. On Sunday mornings, I answer questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Thursday evenings, I interview an expert guest or discuss a topic of interest.
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