How big a problem are frivolous filings in the Federal District Courts? According to a survey of Federal trial judges, it is not much of a problem at all. From Mark Hoffman of Business Insurance (via Talk Left:
Frivolous litigation is not a major problem in the federal court system, according to an overwhelming majority of federal judges who participated in a recent survey.The survey, conducted by the Federal Judicial Center, was based on the responses of 278 federal district court judges. Seventy percent of the respondents called groundless litigation either a "small problem" or a "very small problem," and 15% said it was no problem at all. Only 1% called it a "very large problem," 2% called it a "large problem" and the rest rated it as a "moderate problem" in their courts.
In today’s post-Terri climate of Federal Judge bashing, some may dismiss the study on the grounds that Federal Judges are just a bunch of arrogant, unaccountable, judicial activists who do not recognize the problem of frivolous suits.
If so, an interesting question arises. If Federal District Court Judges are not able to identify a frivolous lawsuit when one is presented to them, why were conservatives so eager to funnel class action lawsuits to those very same arrogant, unaccountable, activist judges?
Posted by Dwight Meredith at April 14, 2005 08:53 PM | TrackBackIf so, an interesting question arises. If Federal District Court Judges are not able to identify a frivolous lawsuit when one is presented to them, why were conservatives so eager to funnel class action lawsuits to those very same arrogant, unaccountable, activist judges?
I think *they* call this the million dollar question. :)
Posted by: des at April 14, 2005 10:23 PMFrom my peripheral post at the VRWC, it seems like most of what concerns tort reformers happens in state courts - which explains why the recently passed bill funnels more class actions to federal courts. I don't think there's an inconsistency there.
Posted by: Dr. Manhattan at April 15, 2005 10:15 AM