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From: lasher@via.DEC (Lew Lasher - DTN 381-2651)
Newsgroups: net.legal
Subject: Silly suits
Message-ID: <3303@decwrl.UUCP>
Date: Fri, 26-Jul-85 09:19:33 EDT
Article-I.D.: decwrl.3303
Posted: Fri Jul 26 09:19:33 1985
Date-Received: Sun, 28-Jul-85 05:37:17 EDT
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Organization: DEC Engineering Network
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	"A man filed suit against a tavern for negligently serving him
	excessive amounts of alcohol, leading to his arrest and humiliation
	after he stabbed another man during an argument.

	"Is there any justification for this sort of thing?"

	"Yes there is.  Anyone can sue anyone for any reason.  The way one
	discovers whether the reason is on or off the wall is in the trial."

It is not true that "anyone can sue anyone for any reason" and go to trial.
If a suit is filed on a basis that is truly "off the wall", a judge can,
upon a motion filed by the defendant, dismiss the suit.  Although civil
litigants generally have a right to a jury trial, a judge can terminate
the lawsuit if there is no possible basis in law to justify an award for
the plaintiff even if a jury were to find all the facts in the plaintiff's
favor.

Lew Lasher