Frivolous lawsuit

Frivolous lawsuit 

 is any lawsuit that is  filed to harass, annoy, or disturb the opposite party, generally with intention. It may also be defined as any lawsuit in which the plaintiff knows that there is little or no chance of the lawsuit succeeding if pursued in court.

Facts on Frivolous lawsuit

Plaintiffs  

-Demand too large amount of damages 

-Demand too little amount of damages, can’t handle legal fee 

-Try to draw attention,either love or hate, from the public or in social media [update 2021]   

 The case

- is generally caused by hate, anger, disagreement, lack of consideration.

- Can be resolved without litigation. 

The popular case in US

Liebeck v. McDonald (1994)

BoP (burden of proof) - 20%-80%

20% - Liebeck spilled the hot coffee on herself by putting it between her legs.

80% - McDonald sold "Defective products" ( up to 700 people experience coffee burns). This lead to a study of coffee temperatures and improper packaging.

Compensation

    Before Trial

        Total: 2.9million Dollar

            Compensatory: 200,000 dollar

            Punitive: 2.7 million dollar (based on 2 days of coffee revenue 1.35million dollar)

    After Trial

           Total: 640,000 dollar            

            Compensatory: 200,000 dollar* 80% = 160,000 dollar

            Punitive: 2.7 million dollar => 480,000 $ (Reasonable medical expense on 2 years treatment)

    Finale

            Total: Unknown but estimate less than 600,000$

Documentary - Case Study

Link : https://www.youtube.com/watch?v=pCkL9UlmCOE

or Auto Link:  Liebeck V. Mcdonald