This is the kind of crap that goes beyond frivolous lawsuits into something totally different:

Sarcastically, judge tosses KFC trans fat lawsuit

In my opinion, if you bring a stupid lawsuit like this – one so laughable that the judge just tosses it out – here is what should happen:

• You pay all the legal fees of the defendant.
• You are billed by the court for the cost of the courtroom, the judge, the bailiff, and anything else.

This decision would be up to the judge.  We don’t want every failed case to be penalized like this, but for unreasonable crap that wastes the time of the legal system and a lot of taxpayer money there should be a penalty.  Further, not everyone has the money to defend themselves from this kind of bullshit so there should definitely be a path to get your money back if you are a defendent in this type of crap.