Its a shame we don’t have a loser-pays system. You wanna file a frivolous lawsuit and clog up the courts? Go right ahead. But if you lose, you must pay all defendant costs.
Oh, and get the lawyers involved, too. So if a lawyer takes a case based on a 40% contingency fee and he loses, have him pay 40% of that cost.
Losing a lawsuit and filing a frivolous lawsuit are two different things. We don't have loser pays. The theory is that would have a chilling effect on the ability or willingness of people to assert their rights in court. Most US jurisdictions do provide penalties for the filing of frivolous suits, though. Truly frivolous suits are typically resolved fairly quickly through dismissals or summary judgments.