Misc. Ramblings

Insert disclaimer here. Sometimes, it seems, lawsuits are filed as a way of retribution rather than a path to justice. Although, which it is (retribution or justice), is probably defined by which party you are and whether you win.

But sometimes, such suits are recognized for what they are and the court is able to order remedies that, perhaps, will decrease the likelihood of other such suits.

For example, a US District Judge recently fined a "law firm and two of its attorneys...$267,000 for helping the developer of a controversial condominium project file a frivolous lawsuit against its opponents..." (read the story from FindLaw here).

It seems a developer wanted to build, among other things, 132 luxury lake-side condominiums. But the residents of a small nearby town protested the move saying "the development would threaten the bald eagle, which is protected under the Endangered Species Act."

The developer retained the attorneys to file a racketeering lawsuit against several of those opposed to the development. However, the judge found no basis for the suit, dismissed it, and took the extraordinary step of fining the the law firm and two attorneys.

Although the fine will be appealed, the judge does seem to have sent a message that is being heard, loud and clear.

Programing Note: Tomorrow is a state holiday (Statehood Day) so no post until Monday.

Aloha!