Here's an interesting twist on the frivolous lawsuit statute, generously provided
by Kip, a reader of the site:
First hearing would be an evidentiary hearing; then, the case would be put on one of the following tracts: Finding option # 1 - Frivolous Action: Case dismissed; attorneys fees awarded against Plaintiff and their attorney to the defendant Finding option # 2- Plaintiff not likely to prevail Action: Case is allowed to proceed / Requiring a bond from plaintiff to pay all defendants costs if defendant prevails Finding option #3 - Coin toss / Neither party has the advantage Action: Case is allowed to proceed / Mandatory settlement conference scheduled / If defending party tenders an offer of settlement and it is declined by the plaintiff and the jury award is less than the settlement offer then plaintiff would be required to pay defendants attorney costs. Plaintiffs would be required to obtain a bond. Finding option # 4- Plaintiff is likely to prevail Action: Case is allowed to proceed- business as usual
