Frivolous pleadings and claims increase the costs of litigation for all the parties involved. They also increase the cost of our judicial system. House Bill 42 requires attorneys as well as their clients to research their claims to assure they are factually supported before filing a lawsuit. Those extraneous pleadings are expensive to litigate and work through and are most often thrown out. They simply cause one party, and the court system, to expend significant dollars to pare down to real issues.
Many suits are often less expensive to settle than to litigate, regardless of their merit.
This bill does not affect suits filed in good faith. It will, however, have a significant deterrent effect on those without merit. A system that allows deceit to be rewarded must be changed. This is not why we have and support a judicial system. The trier of fact, usually a jury, will make the determination whether the untrue information presented was intentional and material.