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Maki Fresh sues Bayer Properties. Why? Not enough parking in the shopping center and faulty ventilation. This was the article in the most recent Birmingham Business Journal.

Now, I’m not here to debate whether or not this lawsuit is legitimate. Presumably, there is a lease agreement between the two parties, and the terms will control the outcome. Of course, one of the claims is recklessness which is outside the contract, but that’s besides the point.

No, I’m writing because no one seems to care that attorneys filed this lawsuit. No one cares that this lawsuit is clogging up the court system. And, no one cares that this case is in court and not in arbitration. The attorneys in this case are legitimate litigators fighting for justice.

Maki Fresh needs more parking, but how? How can this be accomplished? Will Bayer Properties build more parking space? Not unless they can build a deck which is highly unlikely. No, in the end, this case will be like most civil cases. It will be about money. The big green. Some cheese. Some scratch. Moolah. Greenbacks. Dough. ____________ Insert your money favorite.

But, this case does not involve an injury. Someone is not paralyzed. They haven’t lost a limb. And, they aren’t dead. However, this case is legitimate, and the personal injury cases? Those are frivolous, at least according to what we hear day after day.

Next time you see one of these lawsuits in the news, think about it. Raise questions. What do you think? Is there a difference?

One Comment

  1. Jon: There is an enormous number of business-to- business lawsuits that anyone with common sense would call "frivolous". However, since they rarely cost insurance companies (you know, the guys that line the US Chamber of Commerce "Lawsuit Abuse" coffers) any money they are not a target of those who seek to limit access to justice. As you and I both know, there are far more 'frivolous defenses' and frivolous defense tactics in personal injury cases, than there will ever be "frivolous lawsuits".

    As to the lawsuit cited in your well-written post, these companies have paid the filing fee and have a right to have at each other. If the filing of the lawsuit turns out to be a waste of the court's time, I am certain that the judge will punish the filing company for filing it. That's what judges do when litigants waste their time.

    My only wish is that the plight of the injured and disabled in our society becomes something that corporate America begins to view in human cost and suffering rather than in harmful rhetoric and sheer dollars and cents cost. It is terribly insulting and disrespectful to the real suffering of real people.

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