Frivolous Lawsuits Essay

2348 words - 9 pages

Justice, Tranquility and The Greed for Money

Lynn Hubbard is handicapped. She happens to also have her own law firm. In the past year, she sued more than 600 nearly irreproachable institutions for over two million dollars. Hubbard and her entourage of scheming lawyers have not done anything illegal. Some may argue that she has simply exercised her right to the legal system. In any case, Hubbard is part of the growing American society that has discovered large money in mass litigation. This rise in greedy and manipulative lawyers has provided Americans with a skewed financial interest in the American courtroom and has hindered the justice system as a whole. Congress must reexamine tort reform to provide Americans with a trustworthy and secure justice system from frivolous lawsuits.
As American citizens we do it everyday: we see something wrong and form ideas of suing. Whether our intentions are resolute or passive, the simple gesture itself poses a series of questions for why Americans find the courtrooms a haven to the solutions for their troubles. Although our forefathers didn’t plan on suits like suing McDonalds for serving hot coffee or causing obesity in children in America, they did create a judicial system that was easily accessible and fair. If examining the root of the problem, we must look back over 200 years ago, when our forefathers envisioned a country with justice and equality, without the idea of abusing the legal system with the intention of financial betterment in mind. In fact, over the past 50 years, America has resorted to the legal system with that exact intention. A major gateway to this broad social change occurred when congress passed the Civil Rights Act of 1964. This era, known as the “due process revolution,” was when lawyers won criminal defendants the right to a lawyer and a hearing (Jost). The aged and disabled began fighting for their rights, and eventually employees in the workplace caught on to the courtroom trend and established sexual harassment laws in the 1980’s that brought the courtroom into the workplace. While ease of access to the courtroom is a major advantage in America, this ongoing trend has provoked too much interest in swindling money out of the judicial system. This rise in greed has replaced fairness and community values.
In Thomas F. Burke’s book, Lawyers, Lawsuits and Legal Rights, he proposes that we “blame the founding fathers for their deep mistrust of centralized authority and their glorified view of self-reliance” (Burke 12). His argument, which focuses on the separation of powers in the American government, explains why Americans rush to the courtrooms unlike other democratic countries. The concept of “checks and balances,” America’s system of separated powers, limited national control over state and local police forces and independent judiciary, was intended to protect American citizens from tyranny (Burke 24). However, it has also made it harder for elected leaders to get things done....

Find Another Essay On Frivolous Lawsuits

Malpractice Abuse Essay

1536 words - 7 pages approved new measures to reform their civil liability systems. The new laws brought 17 the number of states that had established a limit on punitive, or none comic, damage awards.”(Encyclopedia Britanica “Law and Justice”) this problem has come to the eyes of our leaders and they started to make reforms to our laws to avoid malpractice and frivolous law suits. “Pennsylvania has passed a law to discourage frivolous lawsuits by prison inmates

Medical Malpractice: Flourishing or Failing? Essay

1093 words - 5 pages seek high damages (7). Emergency physicians, the most frequently sued type of physician, could be protected by laws in all cases with the exception of gross negligence (7). Additionally, revoking the licenses of bad physicians by examining records closely would also aid in solving the enormous number of frivolous medical practice lawsuits. Clearly, a problem exists in the American medical system. Patients who deserve compensation are not

Health Care and Tort Reform

1649 words - 7 pages Rising health care costs have caused a national crisis, and all agree we must embrace reform. President Obama has initiated his national health care plan in the hopes of decreasing some of the inflated costs. When attempting to resolve this issue, one must always address the root of the problem. A large portion of these inflationary costs stem from malpractice lawsuits, and so begins the debate for tort reform: legislation which would cut the

The American Fear of Being Sued

838 words - 3 pages classrooms are instructed. Teachers must be aware of their physical contact and ethical topics that can lead into false allegations. How can a student learn in this environment? Teachers need the ability to discipline students. Evicting the fear of lawsuits from teachers makes for a more productive atmosphere. The classroom is not the only place where safety and responsibility are weakened. Playgrounds have been plagued with frivolous lawsuits

business

1091 words - 5 pages on the high fees and cost associated with these patent litigations. The bill will also reshape discovery reform. This will relieve defendants of oppressive discovery in facetious lawsuits. This will allow defendants to dispose of these frivolous lawsuits before legal fees add up. The bill is certainly beneficial to small businesses, which lack the resources to go head to head with these patent trolls in court. So many firms have been forced to

The Parents' Role in School Shootings

1200 words - 5 pages and administrators to be psychiatrists, lawyers, psychologists, or physicians” (Walsh, par. 15). These school employees should have never been put in the position to have to defend themselves against such allegations. They, as a result of frivolous lawsuits, have become victims simply for doing their jobs. In Walsh’s article, the lawsuit brought against the school employees seems to imply that Carneal’s teacher was negligent for giving the boy a

Critical Thinking: The Actively Sick

1151 words - 5 pages , conditions and privileges of employment" (http://www.eeoc.gov/). But on the other hand, an employer should not be subjected to frivolous lawsuits as well.What are the descriptive assumptions?The biggest assumption of this article is author's belief in the correctness of the theories provided by "Elaine Showalter" in her book "Hystories: Hysterical Epidemics and Modern Media". This assumption is obviously questionable, since the author did not

Healthcare in the United States

1905 words - 8 pages failing of the American healthcare system are malpractice costs. Any serious discussion of cost control in the US healthcare system should include tort reform. Patients should always have a legal avenue in the event of inadequate or incompetent medical care. However, the number of frivolous and unnecessary lawsuits not only drive up medical costs but also encourage medical providers to practice defensive medicine. The actual amount of waste in

Overpopulation of Prisons

1120 words - 5 pages facilities they were incarcerated. The increase in lawsuits file has made it necessary for the government to pass and sign the Prison Reform Litigation Act (PLRA) on April 26, 1996. The PLRA weeds out frivolous lawsuits that would otherwise take up time and money. In an article by Matthew Rowland, “Prison cells are double- and triple-bunked, making it more likely that some inmate misconduct will go undetected and jeopardizing the safety of inmates

A Troubled Future for America: Health Care and Social Security Reform

1087 words - 4 pages deny coverage to applicants based on their health status, age, family history, or any number of other reasons. Also, individual based health coverage is very costly to the average person. Increasingly, cases including frivolous lawsuits and massive class actions are driving up health care costs and making Americans pay the tab. Unfounded lawsuits and excessive malpractice and liability awards not only increase health care costs, but also raise the

Wal-Mart vs Women - Equal Opportunity Employment

1079 words - 4 pages the one this assignment focuses on.Unfortunately, I feel that even though it was created with good intentions, the Civil Rights Act of 1991 actually created more problems than it fixed. In other words, I believe that more of lawsuits are frivolous than are legitimate. I believe that this is due, in large part, to the fact that more and more people are being awarded outrageous settlements, set forth by the Civil Rights Act of 1991, for ridiculous

Similar Essays

Frivolous Lawsuits Essay

2872 words - 11 pages Do you remember the lawsuit about the woman who ordered the McDonald’s coffee and spilled it in her lap and sued McDonald’s because it did not have a warning label on it? What about the woman who fell in the fountain at the mall while texting and wants to sue the mall? These lawsuits may seem fairly farfetched. They fall into the category called frivolous. Black’s Law Dictionary defines frivolous as lacking a legal basis or legal merit; not

Persuasive Speech: Frivolous Lawsuits Are Out Of Control

1030 words - 4 pages Specific Purpose Statement: To persuade my audience that frivolous lawsuits are out of control in America Introduction: A. Attention Getter 1. We've all heard the story about the woman who spilled scalding hot coffee on herself and then successfully sued McDonald's. But we've also heard reports of burglars suing homeowners after injuring themselves during a robbery. Most of us laugh off these stories as urban legends made to show the

Lawsuits Gone Wild: Our Out Of Control Legal System And The Need For Tort Reform

1195 words - 5 pages crashing his motor home off the freeway. But few of us ever question what these and all the other outrageous rewards for senseless lawsuits do to the economy. Have we ever wondered if they have a negative effect? Have we asked ourselves how they impact us, as consumers? Have we asked how they impact American business? The answer to all those questions is this: Frivolous lawsuits destroy the American economy.Frivolous lawsuits can damage the economy

Product Warning Labels And Protection Against Liability Lawsuits

1882 words - 8 pages against lawsuits based upon personal injury. There are many infamous cases where damages were awarded to consumers due to a personal injury resulting from what is claimed to be negligence, failure to warn or a product defect. According to public opinion, some of these lawsuits are frivolous and are causing the decline of our civil justice system. An examination of cases against tobacco companies will provide us with some conflicting