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Facts are tricky.

Was the construction going on next door really intolerably, or just a bit noisy?

Nobody is going to win a libel case on grounds like that.

Winning a case isn't free. Even if you don't hire a lawyer, there is still missed time from work, stress, etc.

I completely agree, but your comment had nothing to do with that. As the saying goes, you can sue a ham sandwich for being too delicious.

The saying goes, "a prosecutor could _indict_ a ham sandwich"

I've heard both but that particular one doesn't seem to fit the current context at all.

To take the folksiness out of it, anyone can sue anyone at any time for essentially any reason, whether or not the suit has merit.