Mark King, a victim of a brutal assault two years ago, finally had the final piece of justice administered when Judge Crockett awarded $2.227 million in a bankruptcy-proof civil judgment.
This is the third and last in a series of blog posts addressing judicial mechanisms intended to prevent abuse of the legal system. In the first, we discussed the inadequacies of Rule 11. In the second, we discussed the practical application of the fee-shifting statute, NRS 18.010. In this post, we will be discussing a separate tort claim called abuse of process.
In the previous post, we discussed the requirements and ineffectiveness of N.R.C.P. 11, which is a rule designed to prevent attorneys and parties to a lawsuit from making improper written representations to the court and from pursuing inappropriate claims or defenses. In a future post, we will be discussing abuse of process as a separate claim.
The news is replete with stories of frivolous lawsuits. For example, everyone remembers the multimillion dollar verdict against McDonald’s when a woman was burned after she spilled her coffee. (In fairness to the legal system, the judge did reduce the jury’s award by over 75%—but many consider even the reduced verdict too excessive.)
Contract law is complicated, and is probably one of the areas of law least understood by attorneys and non-attorneys alike. One frequent misconception about contracts is that adhesion contracts are not enforceable.