Simple solution is you bring it and you loose or it gets thrown out the you foot the bill
Tort reform
https://www.forbes.com/sites/legalnewsline/2018/12/19/doj-a-company-created-to-file-lawsuits-has-wasted-1500-hours-of-the-governments-time/
DOJ: A Company Created To File Lawsuits Has Wasted 1,500 Hours Of The Government's Time