by: KATIE MARASCO, ESQ.
The term “frivolous lawsuit” is not a unique one, we hear people complaining about these things all of the time. Sidebar: The term itself doesn’t quite seem to do some of these lawsuits justice; I would prefer ridiculous, preposterous, or outrageous to frivolous but a common phrase is something we become familiar with and settle on.
One of these preposterous suits caught my attention and got me thinking about fraud. A woman in San Diego attempted to sue the manufacturer of Cap’n Crunch because for four years she had been buying Cap’n Crunch Crunch Berries and recently discovered there were not actual berries in the cereal. Her claim, fraud. I’m not sure what this woman thought Crunch Berries were, but that is a different story. The judge dismissed her case, but Fraud is a real cause of action.
Fraud is a deliberate misrepresentation that causes another party to suffer damages. In most situations it’s money damages. There are many regulatory laws dealing with all types of fraud. Fraud ranges from Federal Securities Law Violations to a misrepresentation in advertising. If you think you may have been a victim of fraud visit LawInfo to find an attorney in your area.
