More "Two Faced" Opinions On Frivolous Suits
Today’s Daily Record reports that some resident agents are upset at being named as defendants in lead paint cases. The article mentions the use of Md. Rule 1-341 as a way to seek redress for the filing of frivolous lawsuits.
I have often written about the mostly imaginary problem of frivolous lawsuits. I say “mostly imaginary” because although I am sure meritless filings are made, I believe existing law and the rules of court provide ample mechanisms to discourage the filing of meritless claims.
Md. Rule 1-341, which is titled: “Bad faith- Unjustified proceedings”, is one of these mechanisms. Basically, this rule says that if any party brings or defends a pleading in bad faith or without substantial justification, the court may order that party or its counsel to pay the costs of the other party, including reasonable attorney’s fees.
Just one more way the law protects against frivolous lawsuits. I wonder why we never hear the “tort reform” people talk about these kinds of existing protections? Maybe they have an agenda outside the actual facts of the “lawsuit abuse” problem they claim exists?
