Originally Posted By: olivant
That's one of the things Kly that we laymen don't understand. How do suits get to trial when (of course, this is subjective) they appear to be real reaches? I know that we honor one's access to the justice system, but part of that system is determing the justiciability of a suit.


I just noticed this post.

Cases that fail to state a cause of action or a legal basis are thrown out during pretrial motions. This actually is not uncommon. The basic standard is to examine the evidence in a light most favorable to the plaintiff, and if there is any basis, on which a jury can find for the plaintiff, then the case may proceed to trial.

If the case is deemed frivolous, meaning without any underlying merit or brought in bad faith, the court may impose sanctions, including attorney fees.

In the UK (and Yogi may correct me) it is common for the losing party to be ordered to pay reasonable counsel fees to the prevailing party. This approach is not used here as it is regarded as a chilling effect on legitimate claims that litigants of far less substantial means may be reluctant to initiate.