Comments on: Upset at photo, sues high school yearbook editors

By: Drawbacks

Drawbacks — Fri, 21 Jul 2006 15:40:45 +0000

“Three levels of briefing”? That would have forestalled the whole sorry episode, though it might have constricted Bennett’s on-court moves.

By: Ted

Ted — Fri, 21 Jul 2006 09:14:38 +0000

No, but if one is going to bring a legally and factually meritless lawsuit against over a dozen faultless parties, the innocent parties should perhaps have recourse for compensation when the legal system cannot resolve these questions inexpensively.

All too often, reform opponents respond to reports of a ludicrous suit by noting that the defense won and therefore “the system worked.” Pointing out that the defense had to bear costs of discovery and what will now be three levels of briefing shows that the system didn’t work here.

By: Ima Fish

Ima Fish — Fri, 21 Jul 2006 08:57:41 +0000

I sure in heck hope it was dismissed after summary judgment briefing. Do you really think judges should be dismissing cases ex parte prior to being informed of the facts or the law?!

By: Deoxy

Deoxy — Thu, 20 Jul 2006 10:42:22 +0000

“Though the case was meritless, the court refused sanctions because the suit technically wasn’t “frivolous” because it wasn’t brought in “bad faith,” exhibiting once again the disconnect between the legal definition of “frivolous” in many states and the popular understanding of the adjective.”

I’m going to just start calling them meritless instead of frivolous, as legal —-s have redefined “frivolous” out of existance and refuse to consider any other definition than their own.

All meritless suits should be considered frivolous and merit sanctions.