Quote:
Originally Posted by Kevin
If they brought it as a federal case, they can count on being sanctioned by the court for filing a frivolous action.
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Lol. If only they really sanctioned people for bringing frivolous suits. There are plenty of crazy people out there who file suits that you can't even comprehend the writing, let alone understand whether or not they have standing or anything else. They don't get sanctioned. You have to repeatedly file outlandish suits to get anything. I defend clients in "frivolous" lawsuits everyday, including in federal court.
You shouldn't make these legal issues sound so absolute. You've been acting like its black and white in this entire thread. If you've been to even one law school class, you should know that nothing in the law is ever black and white. Have you graduated and passed the bar yet?
A 4th Circuit case from 1993 doesn't hold a ton of weight. It may in the 4th circuit, but it wouldn't be a precedent throughout the rest of the country. 15 years later, courts change, things change, and who knows what would happen if the issue were revisited.