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[Piecake]

Lawyers who defend companies in product liability cases are celebrating an unusual order by a federal judge in Columbus, Georgia. In it, he told attorneys for the other side—the ones who represent injured consumers—that he was going to crack down on frivolous claims, and that the penalty could come from their wallet.

Judge Land observed that whatever the advantages of the process, there are also “unintended consequences.” One is that the tendency of MDLs to end in global settlements creates an incentive “for the filing of cases that otherwise would not be filed if they had to stand on their own merit,” Land asserted. In other words, attorneys with flimsy lawsuits jump on the bandwagon knowing they’ll probably get a piece of the pie without anyone taking a hard look at their client’s case. Such suits are often filed for claims that are too old and with only a minimal amount of evidence, he wrote.

From here on out, Land warned, plaintiffs attorneys should assume that he’ll make “robust use of Rule 11,” the federal court rule that provides for sanctions against attorneys. And he urged other judges to follow his example.

http://www.bloomberg.com/news/artic...arned-they-may-pay-for-filing-frivolous-suits

This might have some interesting ramifications if this spreads.

 

[Admiral Woofington]

Isn't that a threat?

Can they sue for that?

 

[Stinkles]

Good for him but this approach could also be abused.

Texas doesn't require sprinkler systems in Chemical plants. You can google the results. Imagine that reality applied to this judicial behavior? What if this discouraged cheaper lawyers with real cases?

 

[Keri]

Texas doesn't require sprinkler systems in Chemical plants. You can google the results. Imagine that reality applied to this judicial behavior? What if this discouraged cheaper lawyers with real cases?

A lawyer with a real case, wouldn't be at risk of sanctions and a good lawyer should be able to tell if their case has merit. I know that sounds a little flippant, but I honestly doubt this threat would dissuade meritorious suits. The reality is that Judges are usually hesitant to issue sanctions (even when they threaten otherwise). Realistically, only the most egregious of cases would result in sanctions - ones where no reasonable attorney could have thought they had merit.

 

[benjipwns]

The five-page order appeared last week from Chief U.S. District Judge Clay Land of the Middle District of Georgia. He issued it in connection with hundreds of consolidated cases he oversees concerning a “vaginal mesh” device made by Johnson & Johnson unit Mentor Corp. that’s designed to treat urinary stress incontinence.

Oh god, those ads that are on constantly are behind this aren't they.

Judge Land’s Mentor MDL began with 22 cases and grew to more than 850—an “explosion,” he said, that “appears to have been fueled, at least in part, by an onslaught of lawyer television solicitations.” So far, Land has presided over three trials, decided about 100 summary judgment motions (aimed at throwing out lawsuits before trial) and presided over 458 confidential settlements. Plaintiffs have dropped 74 cases voluntarily. (The device in question was taken off the market in 2006.)

Oh god, I knew it.