Is it true that in the United States you can sue anyone for anything?

Answer 1

No, that is not true. Often in response to a question whether someone may sue another for some action taken by the other, someone interposes the remark that in the United States, anyone may sue anyone else for anything. That is a frivolous comment at best, and misleading at worst. The questioner is seeking information as to whether or not the law permits a suit for some particular action taken by another that is harmful to the questioner or the questioner's property.

Lawsuits must be based on the law, i.e., causes of action allowed by the law. Not all actions taken by another can be the basis for a lawsuit (e.g., non defamatory insults); and not all persons who take such actions can be sued (e.g., incompetents, or persons immune from suit for the action taken). Civil wrongs are called "torts" and the law of torts recognizes only certain kinds of acts as cognizable as torts upon which a lawsuit can be based. That is why if one wants to know if one has a right to sue another for a particular action, one should consult an attorney in the questioner's jurisdiction for advice.

The Federal Rules of Civil Procedure, and similar rules in all states, contain a rule that permits a court to impose, either on request of a party or on its own motion, sanctions upon one who brings a baseless suit. Federal Rule 11 provides that one who presents a pleading to a court certifies that (1) it is not being presented for an improper purpose; (2) the claims presented, etc., are warranted by existing law or by a non-frivolous" argument for changing the law; (3) the factual contentions made are supportable by evidence; and (4) any denials of factual contentions are supportable by evidence. The sanctions can include, among other penalties, payment to the party sued for that party's expenses in defending the suit.

Independent of the court's rules, a party wrongfully sued can in turn, sue a party who brings a baseless claim. Such actions are suits for malicious prosecution (for an action brought without probable cause, and often requiring a showing of malice), and abuse of process (for an action brought for an improper purpose even if there was probable cause). Recoverable in most states are damages for the party's attorney's fees, other costs of defending the baseless suit, emotional distress damages and other harm proximately caused by the tortious suit.