Another obstacle that can prevent you from filing litigation is known as locus standi, or "Standing." In order to bring a lawsuit before a court you must be able to prove that you are sufficiently affected by the matter at hand, and that you have been harmed or imminently will be harmed. You cannot file suit just because something bad happened to you, or for something that happened to someone else. For example, if you sue your neighbor because the gazebo in his backyard is ugly and offensive to your tastes, that lawsuit would most likely be frivolous. If it blocks...

Some laws try to prevent frivolous litigation from ever reaching the courtroom.  The Good Samaritan law protects those who try to help others who are in danger from being victim of a successful lawsuit. This law not only keeps frivolous lawsuits from happening, but also provides incentive to help others in need.   You may be thinking “If the court has so little patience for frivolous proceedings, why have I heard of so many ridiculous cases?”  What comes to mind for most is the McDonalds hot coffee lawsuit.  The truth is the Plaintiff in that case suffered third degree burns which required skin grafts.  Instead of being awarded millions like...

There are usually underlying motivations for frivolous lawsuits. Ever heard of the “pants lawsuit” (Pearson v. Chung)? In 2007, a D.C. judge, Roy L. Pearson, sued a dry cleaning business for over $67 million dollars for the loss of his pants because they refused to give him a refund of over one thousand dollars while having a “satisfaction guaranteed” sign in their window.  Why $67 million?   Among his requests, $500,000 for attorney’s fees (he represented himself), $2 million for “discomfort, inconvenience, and mental distress”, a whopping $15,000 to cover the cost of a rental car so he could drive to another dry cleaning business...

In district court, anyone (be it the attorney or yourself) presenting the court with any paper, pleading, or motion must actually certify that it is justified by an existing law, has a reasonable argument for an existing law to be changed, or for a new law to be made.  This allows the court to fine up to $25,000 for a frivolous case.   There is even more at stake than a monetary fine.  It is an attorney’s sworn duty to honor the American judicial system by knowing and understanding not only American law and courts, but also the study of logic, or, the way sound...

This week, Tessmer Law Firm will discuss frivolous lawsuits.  We’ll call it Frivolous Lawsuits 101.  What exactly is a frivolous suit?  It does not just mean any lawsuit you subjectively find unfair.  A frivolous lawsuit refers to any defense or claim that has little to no hope of success.  Filing many suits for the same claim, claiming extreme remedies, or filing a claim when an existing law prohibits the claim are all considered frivolous.   Much like using the word frivolous in any other context, a frivolous lawsuit wastes. Time of the court, time of both parties, money with legal and court fees, and resources are all wasted on frivolous claims.  Frivolous litigation can...

If you win, the court will enter a judgment in your favor, but this does not mean you automatically get your money. In many cases, a defendant will simply pay you if you win; however if they do not, then you must take legal steps to try and enforce your judgment.  Texas is very favorable to debtors and it may be hard to collect.  You should consider discussing your post-judgment remedies with a qualified attorney.   Either party may appeal the decision of the Small Claims Court if the dispute exceeds $250.00, exclusive of court costs. A Notice of Appeal must be...