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      04-24-2012, 06:19 PM   #14
ybbiz34
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Quote:
Originally Posted by kevinbahnz View Post
why not. this is america. everyone is suing somebody...
Yep you can sue, if you have a claim (and you have satisfied several other procedural requirements depending on the nature of the suit/parties). There are some procedural rules in place to make that sure frivolous and claims without merit are dispatched of pretty early in the process (at the very initial stages of filing a civil suit).

For example:

Federal Rule of Civil Procedure 12(b)(6) -

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion . . .

(6) failure to state a claim upon which relief can be granted

And then there is 11(b)(2) -

(b) Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

And IF there is a frivolous claim, 11(c)(1):

(c) Sanctions.

(1) In General. If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
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