Law professor Margaret Jane Radin claims that it is open to doubt whether frivolous lawsuits are really frivolous. Just how many ridiculous cases do we have to read about to invalidate her contention? The firms that she lambastes for "boilerplate" permission forms are trying desperately to minimize the grounds for these kinds of actions.
That our court system is flooded with these lawsuits is a fact. The cost to businesses and institutions to defend themselves and the costs of adjudicating these cases are enormous. Having the losing parties in these suits pay the other sides' legal expenses is one way to return some sanity to our justice system.