Suja A. Thomas
University of Illinois College of Law
May 29, 2009
DePaul Law Review, Vol. 59, p. 633, 2010
Illinois Public Law Research Paper No. 08-36
The problem of frivolous cases is invoked in a variety of contexts. Although the term is used in the context of Rule 11, it is also used to justify many procedural and substantive changes to the law. For example, concern about frivolous cases is invoked to defend the use of procedural devices that limit litigants' access to courts, including summary judgment, motions to dismiss, heightened pleading, and caps, as well as to justify the narrowing of rights in substantive areas such as prisoner's cases and employment discrimination cases. This symposium essay argues for a different view of frivolous cases - a view that eschews the use of the term and instead proposes a new discussion of the relationship of cost to other rights, including the Seventh Amendment right to a jury trial.
Number of Pages in PDF File: 16
Keywords: frivolous, jury trial, Seventh Amendment, trial, litigation, cost, Rule 11, summary judgment, motion to dismiss, caps, heightened pleading, prisoner, employment discrimination
JEL Classification: K10, K30, K40, K41Accepted Paper Series
Date posted: May 30, 2009 ; Last revised: June 15, 2010
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