You are absolutely right on that. Under the English Rule, psrties AND their attorneys can be required to pay the costs to the other side, when they file frivolous claims or frivolous defenses.
I am still a member of the Maryland Bar, though I haven't practiced there for fifteen years. The Md. Rules of Civil Procedure DO allow the judge in a case to impose costs on the attorneys in a case like this. But it is discretionary, and I can remember only one time in 30 years that a Md. judge used that power.
Odds are, the case will be thrown out before trial. But odds are, the judge will not "get into the pockets" of the muldoon lawyers who filed this case.
Congressman Billybob
Click here, then click the blue CFR button, to join the anti-CFR effort (or visit the "Hugh & Series, Critical & Pulled by JimRob" thread). Don't delay.
About a dozen years ago my vehicle was the target of car prowlers. The third time they attacked it they were caught.
The Prosecuting Attorney declined to pursue it because they were juvenals.
the juvenile court system declined to pursue it because the perps were from "disadvantaged" homes.
The PA told me that I had the option to take their parents to civil court, but discouraged me from doing so on the grounds that "enforcing a judgment against "poor minorities" would present a hardship to the families".
I ignored his advice and took them to court. I won judgments against all three families - a total of $1275.00.
I never received a dime......
To this day I still consider my actions to be right and proper, and the failure of "the system" to be the greatest insult.