There are several ways to make it happen in practice (where things are not boolean).
Imposing penalties to the suing party on stupid cases is one such way. One can also make the legal system cheaper, make it less irritating (as most of the irritation is accidental), level the playing field for people against giant corporations (and, while we are at that, also level for small corporations against big corporations)... There are probably hundreds of other actions that'll help, if none are taken, it's a huge sign that a legal system is already brought.