In law, frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won.The term does not include cases that may be lost due to other matters not related to legal merit. While colloquially, a person may term a lawsuit to be frivolous if he or she personally finds a claim to be absurd, in legal usage ...
What Is a Frivolous Lawsuit? A frivolous lawsuit is any lawsuit that is filed with the intention of harassing, annoying, or disturbing the opposite party. It may also be defined as any lawsuit in which the plaintiff knows that there is little or no chance of the lawsuit succeeding if pursued in court.
Malicious prosecution is a common law intentional tort.While like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution.
A claim is not frivolous simply because there is failure of proof, a claim is later shown to be incorrect, or a claim is lost on the merits; however, a claim cannot be made reasonably or in good faith, even though possible in law, if there is no set of facts which could satisfy elements of a claim, or if party or attorney knows or should know that needed facts do not exist or cannot be developed.
Frivolous lawsuits are those filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims. Frivolous lawsuits waste time, money, and judicial resources, and fines and/or santions may be imposed upon a party or their attorney for filing such a claim.
The attorneys at Douglas, Leonard & Garvey, P.C. have extensive experience with malicious prosecution litigation. In a 2003 jury trial, attorneys Chuck Douglas and Jason Major won over $400,000 in a malicious prosecution case involving frivolous legal claims made by one doctor against another in connection with the sale of a collectible car.
THE EFFECT OF FRIVOLOUS LAWSUITS ON THE SETTLEMENT OF LITIGATION AVERY KATZ Department of Economics and Law School, University of Michigan, Ann Arbor, MI 48109, U.S.A. 1. INTRODUCTION It is commonly alleged that a substantial proportion of lawsuits are frivolous or
lawsuits. L.1995, c.13, §1. Sen. Ronald Rice (D-Essex), however, has introduced S.1396, which would expand the provisions of the statute, further deter parties from filing frivolous lawsuits, and add several arrows to the quiver of litigants defending against frivolous conduct on both sides of the caption. Expanding Recovery
There are two routes to attorney fees for defending frivolous claims – a motion for Rule 137 sanctions and, under rare circumstances, a malicious prosecution claim. Here’s a look at how and when to use both. Y ou have successfully defeated a lawsuit against your client that you knew was frivolous from the beginning, but only
Essential Elements of Abuse of Process. As already mentioned, a plaintiff can sue for abuse of process when a defendant starts a legal process with the intention to obtain results for which the process was not designed. A “legal process” can be any part of a lawsuit, not simply the entire lawsuit.