Frivolous

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Frivolous

Of minimal importance; legally worthless.

A frivolous suit is one without any legal merit. In some cases, such an action might be brought in bad faith for the purpose of harrassing the defendant. In such a case, the individual bringing the frivolous suit might be liable for damages for Malicious Prosecution.

A frivolous appeal is one that is completely lacking merit, since no review able question has been raised therein.

frivolous

adj. referring to a legal move in a lawsuit clearly intended merely to harass, delay, or embarrass the opposition. Frivolous acts can include filing the lawsuit itself, a baseless motion for a legal ruling, an answer of a defendant to a complaint which does not deny, contest, prove, or controvert anything, or an appeal which contains not a single arguable basis (by any stretch of the imagination) for the appeal. A frivolous lawsuit, motion or appeal can result in a successful claim by the other party for payment by the frivolous suer of their attorneys fees for defending the case. Judges are reluctant to find an action frivolous, based on the desire not to discourage people from using the courts to resolve disputes.

References in periodicals archive ?
"Father's history of frivolous litigation is well documented.
While most of CalChamber's recommendations are technical in order to reduce unintended consequences, overall, the coalition is encouraged by DOJ's effort to reduce the burdens and costs of Prop 65 lawsuits, which, if passed, will possibly reduce the flood of frivolous litigation and encourage transparency and fairness in the process.
In the particular context of fee-shifting bylaws, a proportionate bylaw is one that provides a mechanism for a neutral arbiter to award two-way shifting of reasonable fees in response to frivolous litigation tactics.
They deal with public revenue and that cannot be wasted in such frivolous litigation. The court went on to wonder why higher officials did not have the courage to take bold decisions particularly of not pursuing such matters up to this court or higher.
The first, a rule drafted by the United States Patent and Trademark Office, will seek to reduce frivolous litigation by making it easier to ascertain who actually owns a patent.
The legislation contains strict new regulations on franchise contracts and introduces vague new language that would burden the courts with frivolous litigation. In December, an IFA delegation met with legislators and staff, as well as other key stakeholders to oppose the bill.
Before the 2015 legislative session, state lawmakers should study regulatory barriers to economic growth, the costs of implementing federal health care reform and frivolous litigation related to "patent trolling," Lt.
In comments to the agency when the rule was proposed, for example, NAMIC said the rule could undermine the underwriting process and "trigger a wave of frivolous litigation."
Tyson spokesman Gary Mickelson said his company is still reviewing the lawsuit, but added that: "it appears to be an example of creative lawyers trying to use frivolous litigation to extract money from companies that have done nothing wrong." Michelson says none of its chickens are given feed additives containing arsenic.
Gary Mickelson, a Tyson spokesman, said the lawsuit "appears to be an example of creative lawyers trying to use frivolous litigation to extract money from companies that have done nothing wrong.
And the one that started a whole load of what has been described as "frivolous litigation" - the 79-year-old lady who spilled a cup of McDonald's coffee in her lap in a motor car as she attempted to add cream and sugar and sued when she was burned because the brew was "unreasonably dangerous."
By linking lawyer-driven and frivolous litigation, the slogan suggests that when lawyers drive the cases, the results are frivolous suits benefiting no one other than the attorneys themselves.