The abdication of responsibility by judges is just a symptom of the larger refusal in society to accept responsibility for our own actions, the most egregious of which are the various 'zero tolerance' policies which defy common sense.
The reason lawsuits are out of control is very simple - legislation has made it that way. "Pain & suffering", "wrongful death", "punitive damages" and many other modern doctrines, are creations of statutory law. There's nothing wrong with making wrongdoers pay extra for the harm they cause to others, but all moneys above and beyond purely economic damages to the plaintiff should go into the public treasury, not to the plaintiff. The plaintiff should only receive what's necessary to defray whatever expenses were incurred by the defendant's action. That will cut way down on the profit motive for predatory lawsuits.