World Library  
Flag as Inappropriate
Email this Article

Collusive lawsuit

Article Id: WHEBN0004582934
Reproduction Date:

Title: Collusive lawsuit  
Author: World Heritage Encyclopedia
Language: English
Subject: Connivance, Dorothy Wadham, Civil procedure, Guest statute, Hewlett-Packard
Collection: Activism by Type, Civil Procedure, Lawsuits
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Collusive lawsuit

A collusive lawsuit (sometimes referred to as a collusive action) is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both.

Contents

  • Examples 1
    • Constitutional law 1.1
    • Tort fraud 1.2
    • At-fault divorce 1.3
  • See also 2

Examples

Constitutional law

For example, if two people think a law is unconstitutional, one might sue another in order to put the lawsuit before a court which can rule on its constitutionality. Because courts generally reserve jurisdiction for situations in which there is an actual case or controversy - i.e., a real dispute between the parties - where such a suit is suspected, the court may refuse to exercise jurisdiction.

Tort fraud

Another form of collusive lawsuit involves fraud, where two persons agree to fake an accident, so that the "victim" can sue the other person in order to collect from the other person's insurance. This is a crime, and insurance companies investigate claims to determine that no collusion is involved. Because of the fear of collusive suits, many jurisdictions have, at various times, prohibited spouses from suing one another or prohibited children from suing their parents. Also, many jurisdictions have had guest statutes which make it difficult for a passenger in a non-commercial vehicle to sue the driver if the passenger is injured due to the driver's negligence.

At-fault divorce

Another example is in divorce, in those jurisdictions where fault remains as a condition before commencement of an action for breach of the marriage contract.

See also


This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.