With the advent of social media, it is not hard to see the types and number of frivolous lawsuits in our country.
There was the bank robber who was shot by a deputy. He then sued the city to cover his medical expenses. An inmate sued the NFL over the Dallas Cowboy’s 2015 playoff loss. A woman sued her 8-year old nephew for a “careless” hug. And of course, the never-ending lawsuits over hot coffee – whether from McDonald’s, Starbucks, or just about any fast food establishment.
They all sound absurd on the surface, and quite likely below the surface, but do the plaintiffs have any recourse?
In March, 2013, Texas adopted Rule of Civil Procedure 91a which allows a defendant to move to dismiss a case on the grounds that it has no basis in law or fact. The court must award all costs, and reasonable and necessary attorneys’ fees to the party which prevails on the motion to dismiss.
Additionally, by signing a pleading, an attorney or party is representing to the court that the pleading is not groundless, brought in bad faith, or brought for the purposes of harassment. If the court determines that an attorney or party signed a pleading in violation of that rule, the court must impose an appropriate sanction upon the party, the attorney representing the party or both.
So what is the lesson moving forward? As my mom used to say, the world is not Burger King, “your way, every day.” Just because you don’t get your way does not mean you have a right to sue. An attorney must carefully evaluate a client’s claim to determine whether or not they have merit and can survive a motion to dismiss.
If you have a legal issue or problem with which you need assistance, The Harris Firm would be more than happy to provide you with a free evaluation of your claim. We do offer coffee, but it will not be very hot.
