[lmilcin]

Bad faith and basically anything that is only in your mind is such a difficult thing to prove and that's why it is so problematic.

There are judges who are sensitive to it and will go out of their way to punish it. I think part of the problem is that there are many occasions to "fix" the process by getting case resolved in a state that is known to be lenient to certain kind of behavior (very popular with patent trolls).

I don't think there is going to be an easy solution that could be written in law. Rather, the solution is to publicize "bad faith" behavior and lenient treating by judges.

[dodobirdlord]

> Bad faith and basically anything that is only in your mind is such a difficult thing to prove and that's why it is so problematic.

While true, this is to a certain extent the reason why we have judges. We already rely on judges to dismiss lawsuits that are illegitimate, and since filing an illegitimate lawsuit demonstrates either incompetence or malice nothing really needs to be proved about the state of the lawyers mind.