May 2, 2019

Another Tool to Fight Frivolous Litigation

Tool to Remedy Frivolous Litigation

In Showan v. Pressdee, Case No. 17-15547 (decided April 29, 2019), the United States Court of Appeals for the Eleventh Circuit held that litigants in federal court cases governed by Georgia law could invoke a Georgia statute that provides a remedy for frivolous litigation. O.C.G.A. § 9-11-68 includes provisions creating a procedure for a party to make an offer of judgment. If a party makes such an offer and the outcome of the case is not as favorable to the other party as accepting the offer of judgment would have been (the statute defines the thresholds), the offering party can recover… Read more