In most states it is necessary only to have a reasonable basis to file a suit. It is not necessary to have a fully prepared case at the time of filing. Once the case is filed, the defendant has various procedural tools to challenge the case, and terminate the litigation prior to trial.

In Connecticut the Defendant would first file a Request to Revise the Plaintiff's complaint for a more particular statement. The Plaintiff has the option of objecting to this (and I always do when representing a plaintiff). The Request to Revise addresses procedural problems with the Plaintiff's complaint.

Next the Defendant has the right to file a Motion to Strike the complaint for failure to state a cause of action. The Plaintiff also has a right to object to this. If the Plaintiff loses on the objection, his complaint is stricken subject to his automatic right to refile a substituted complaint (same suit no new filing fee required) which conforms to the demands of the Defendant. The Motion to Strike addresses substantive problems with the Plaintiff's complaint.

The Defendant would then want to complete as much discovery as possible (Request for Admissions, Interrogatories, Request for Production of Documents and Depositions). When the Defendant felt he had gathered enough evidence, he would file a Motion for Summary Judgment to dismiss the case because there are no triable issues of fact. This is a very difficult motion to win. They are almost never granted because the burden of proof is on the moving party. If the Defendant fails to succeed on the Motion for Summary Judgment the case goes to trial.

In effect it is very hard to derail a suit once it is filed if there is a reasonable basis for having filed it.