A Non-Frivolous Challenge to Frivolous Defenses

Abstract

This article in Jotwell (Courts Law) reviews a fortcoming article by Prof. Thomas D. Russell entitled Frivolous Defenses. In this article Prof. Russell canvasses dfense attorneys routine use of boilerplate, non-responsive answers to plaintiffs' pleadings and discovery requests in tort litigation --particulary auto insurance litigation. Prof. Russell attacks the routine use of frivolous defenses that frustrate the plaintiffs' abilities to obtain useful information for case development. He faults the courts for routinely giving defense attorneys a pass on their assertion of non-frivolous defenses. and compares this to the significant pleading burdens on plaintiffs. He advocates for more stringent judicial intercession to require defense attorneys to be forthcoming with more meaningful replies to pleadings and discovery requests.