Greedy Trial Lawyer
Judge Takes Four Years To Notice A Case Is Frivolous
Category: In Your Face
My personal definition of frivolous would require that within, say, a 6 month period it would be apparent to any reasonable judge. When a judge takes 4 years to notice frivolousness I have to think he was not minding the store. At the end of four years of litigation a claim may be dismissed for a failure of proof, just as a defense may be disallowed for lack of evidence. However, to call a claim or a defense frivolous after it has survived for 4 years is laughable. A judge who could announce such a ruling might be labeled inattentive or obtuse or, more likely, wrong.
The story of the sleeping judge is reported on George's Employment Blawg:
In a recent ruling, EEOC was sanctioned $1 million for filing what the judge ruled was a frivolous lawsuit.Some of the details of this case are:
EEOC had filed a discrimination lawsuit [in 2001] against Robert L. Reeves & Associates, a law firm specializing in immigration law. The lawsuit asserted that there had been harassment and discrimination going on at the law firm.
The law firm maintained that the charges were made up by former law associates, who intended to ruin the firm.
The judge accused the EEOC of "unreasonable and just plain mean-spirited" conduct. Not surprisingly, EEOC is appealing the ruling.
Trackback Pings
TrackBack URL for this entry:
http://www.greedytriallawyer.com/admin/mt-tb.cgi/140