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Frivolous litigation, as used in colloquial and political terms in the
United States, refers to lawsuits that are based on a theory that seems
absurd, or where the claim results in damages that greatly exceed what one
would expect from reading a brief summary of the case. Awards for medical
malpractice are sometimes derided as frivolous (in this sense of meaning
"excessive").
If a jury and a judge decided in favor of the plaintiff in such cases, the
plaintiff's claim was not technically frivolous in legal terms, though it
might be considered frivolous colloquially. Because of the ambiguity in the
term, calling these lawsuits "frivolous" can lead to confusion because
opposite sides of the tort reform debate can both say they oppose
"frivolous" suits, with the tort reform supporters referring to the
colloquial understanding, and tort reform opponents referring to the
narrower technical definition.
The typical definition in United States law is very
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