‘A Non-Frivolous Challenge to Frivolous Defenses’

Thomas D Russell, Frivolous Defenses (Aug 17, 2020), available at SSRN. From the mid-1980s through the turn of the twenty-first century, tort reform advocates, corporate entities, politicians, and lobbyists have raged about an alleged plague of frivolous lawsuits clogging state and federal dockets. In what perhaps might be characterized as revenge of the plaintiffs’ bar, Thomas Russell has turned the table and written the first systematic study of frivolous defenses. This provocative article, which has raised the ire of insurance defense attorneys, is worth reading as a compelling counterpoint to the frivolous lawsuit narrative. Russell is a torts professor and plaintiffs’ attorney in Colorado … (more)

[Linda S Mullenix, JOTWELL, 6 January]

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