Litigation
Feb. 27, 2010
Reducing Frivolous Litigation Is Not Worth the Cost
Kenneth Klein of California Western School of Law says action taken by the Supreme Court to curb frivolous litigation is the result of misplaced perception.
By Kenneth Klein
In criminal trials, our legal system intentionally indulges a higher number of guilty defendants going free in order to minimize the frequency of innocent people going to jail. That is the whole point of a presumption of innocence and requiring proof of guilt beyond a reasonable doubt. This past summer, in a case called Ashcroft v. Iqbal, the U.S. Supreme Court made a similar kind of choice for the civil litigation system. The Court determi...For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In