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TN GOP targets 'frivolous' lawsuits - Tennessee GOP warns filers they could face high fees
Nashville Tennessean | 4/29/12 | Duane W. Gang

Posted on 04/29/2012 7:52:30 AM PDT by SmithL

Gannett Newspaper - Link Only:

http://www.tennessean.com/article/20120429/NEWS0201/304290083/TN-GOP-targets-frivolous-lawsuits-?odyssey=tab|topnews|text|FRONTPAGE


TOPICS: Business/Economy; Government; Politics/Elections; US: Tennessee
KEYWORDS: attacklawyers; frivolouslawsuits
Under HB 3124, if a court dismisses a lawsuit because there is no basis in law, the court may make the losing party pay the defendant's attorney fees, up to $10,000.
1 posted on 04/29/2012 7:52:35 AM PDT by SmithL
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To: SmithL

Good law!


2 posted on 04/29/2012 8:03:17 AM PDT by WellyP (REAL)
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To: SmithL
Tennessee GOP warns filers they could face high fees
"Women and minorities hardest hit."
3 posted on 04/29/2012 8:13:00 AM PDT by oh8eleven (RVN '67-'68)
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To: SmithL

What about if there is no basis in fact? I don’t see this as particularly helpful. The language still leaves ambulance chasing intact.


4 posted on 04/29/2012 8:58:09 AM PDT by Mamzelle
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To: SmithL

This sounds like a reasonable law. I don’t like the idea of “loser pays” because that tilts the table in favor of those with the deeper pockets. But this kind of law would discourage those who just stick their hand out and see if something falls into it.


5 posted on 04/29/2012 10:19:40 AM PDT by jdub (A patriot must always be ready to defend his country against his government.)
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To: SmithL

This law would have its greatest impact on two groups of people.

Ordinary people who file frivolous litigation as a form of business, they seek to “earn a living” by suing others on slight pretense, most of the time getting settlements. There are far too many scoundrels that do this, and I have heard of people as far back as in the 1940s who did this.

Attorneys who encourage frivolous litigation. This is called “barratry”, “The practice of exciting and encouraging lawsuits and quarrels.” Typically they try to stimulate people involved in accidents to sue after approaching them with promises of wealth and revenge.


6 posted on 04/29/2012 10:48:22 AM PDT by yefragetuwrabrumuy ("God's light and God's life ooze over me like warm butter." -- Gay Episcopal Bishop Gene Robinson)
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To: SmithL

sfl


7 posted on 04/29/2012 6:21:03 PM PDT by know-the-law
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