1. Make substantial penalty for frivolous lawsuits.
....a. must be paid by filing attorney / firm
....b. if filed by prisoner, costs incurred by filing will be taken from
.........1. any money obtained from working while in prison or
.........2. any assets that may be liquidated or
.........3. any privileges amounting to a figure half to equal to filing costs
2. Any firm or attorney having already made a frivolous lawsuit will be charged the same standard charge with the coefficient of applications
….a. therefore an frivolous lawsuit filed increases the multiplier to one higher level also
….b. court records of frivolous lawsuits filed by said person will be made available and entered into record
3. the penalty should be all court costs, filing fees and man hours associated with filing & a standard charge
….a. not less than $10,000 and up to the initial requested damage and suing amount
………1. a lawyer filing a suit of damages of $5 million could face a fine of $10,000 to $5 million dollars on top of the court fess
4. Determination of frivolous nature of case based on initial lemon test
….a. fails to meet criteria for reasonable dollar amount or dollar amount is completely ambiguous
……….1. such as prisoner filing damages of millions for hypothermia acquired from failing to wear proper clothing as an act of defiance to guards and prison personnel.
…..b. fails to provide accurate, reliable, valid data and evidence not dependant on deliberate destruction of evidence by defendant.
…..c.. plaintiff has history of such filings; falling back on investigation of lawyer and / or firm of client
…..d. act or inaction must be relevant and attributable to defendant
…..e. suit filed cannot be filed by person accused of criminal act resulting in situation facilitating suit
……….1. bugler or robber who injures self during commission of felon or flight
……….2. same person injured by home owners or personnel defending the establishment, domicile, articles, property, persons, or animals in their care
……………..A. persons injured while committing crimes (misdemeanors or felonies) share forfeit all rights to sue their victims. Filing damages against their victims, they must pay restitution to the victims for harassment and a countersuit (paid by the criminal) shall be instantly filed for the victims’ benefit, whereupon all costs will be paid by the criminal, the settlement to be no less than $10,000 and no greater than the initial suit’s damage value
5. Upon finding that the person filing has no such assets to pay off the frivolous lawsuit costs, the person shall be required to do community service equaling the value of the court costs. If said person is in prison and no family member will compensate the state for the costs, the prison shall forfeit wages earned in prison up to the court costs. If this isn’t met, suspension of privileges shall be imposed until the value of the court costs have been made.
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anyway, it's a start ... an idea
Gradually degenerating into ignorance and complacency.
Tuesday, February 28, 2006
Fixing problems with lawsuits
Posted by Marcus at 3:51 PM
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1 comment:
amen brother
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