Reply #97: No, you're not confused [View All]

[lastliberalintexas]

Judges usually *can* make that determination, but it is so very rarely done. And that puts far too much potential power in the hands of judges- who in Texas are elected, political animals themselves. (but the Texas judicial system is an entire thread unto itself!)

It is also a VERY high burden to meet in order to find a case to be groundless. And it should be, b/c otherwise it would just be used as a hammer against plaintiffs and/or their attys. So the actual, legal definition of a frivolous/groundless suit or claim is rarely- if ever- met, unlike the concept of frivolous in the general public's mind!

But I think you're right- it's better to simply fight the evil trial lawyer image and outlaw HMOs! That's a win/win for our side!


And on edit- I think this also goes back to poor reporting. Many times a reporter will glibly say that a judge threw out a suit b/c it was frivolous, when what actually happened was a dismissal or summary judgment based on some other legal issue.