Frivolous litigation is the use of legal processes with apparent disregard for the merit of one's own arguments. It includes presenting an argument with reason to know that it would certainly fail, or acting without a basic level of diligence in researching the relevant law and facts. That an argument was lost does not imply the argument was frivolous; a party may present an argument with a low chance of success, so long as it proceeds from applicable law.
Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim, such as a Good Samaritan law.
In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because such a defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt.
US Federal statutes and rules of court penalizing frivolous litigation
In the United States Tax Court, frivolous arguments may result in a penalty of up to $25,000 under 26 U.S.C.§6673(a)(1). Similarly, section 7482 of the Internal Revenue Code provides that the U.S. Supreme Court and the U.S. Courts of Appeals may impose penalties in which the taxpayer's appeal of a U.S. Tax Court decision was "maintained primarily for delay" or where "the taxpayer's position in the appeal is frivolous or groundless."[1] A common example, as shown below, is an argument based on tax protestor claims.
In a noncriminal case in a U.S. District Court, a litigant (or a litigant's attorney) who presents any pleading, written motion or other paper to the court is required, under Rule 11 of the Federal Rules of Civil Procedure, to certify that, to the best of the presenter's knowledge and belief, the legal contentions "are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law".[2] Monetary civil penalties for violation of this rule may in some cases be imposed on the litigant or the attorney under Rule 11.[3]
In one case, the Seventh Circuit Court issued an order giving such an attorney "14 days to show cause why he should not be fined $10,000 for his frivolous arguments".[4] A similar rule penalizing frivolous litigation applies in U.S. Bankruptcy Court under Rule 9011.[5]
The U.S. Congress has enacted section 1912 of Title 28 of the U.S.C. providing that in the U.S. Supreme Court and in the U.S. Courts of Appeals where litigation by the losing party has caused damage to the prevailing party, the court may impose a requirement that the losing party pay the prevailing party for those damages.[6]
Litigants who represent themselves (in forma pauperis and pro se) sometimes make frivolous arguments due to their limited knowledge of the law and procedure. The particular tendency of prisoners to bring baseless lawsuits led to passage of the Prison Litigation Reform Act of 1995, which limits the ability of prisoners to bring actions without payment.[7]
Glenn Crain appeals from the dismissal of his Tax Court petition challenging the constitutional authority of that body and defying the jurisdiction of the Internal Revenue Service to levy taxes on his income. Crain asserts that he "is not subject to the jurisdiction, taxation, nor regulation of the state," that the "Internal Revenue Service, Incorporated" lacks authority to exercise the judicial power of the United States, that the Tax Court is unconstitutionally attempting to exercise Article III powers, and that jurisdiction over his person has never been affirmatively proven.
We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that these arguments have some colorable merit. The constitutionality of our income tax system—including the role played within that system by the Internal Revenue Service and the Tax Court—has long been established. We affirm the dismissal of Crain's spurious "petition" and the assessment of a penalty imposed by the Tax Court for instituting a frivolous proceeding. 26U.S.C.§6673.
The government asks us to assess penalties against Crain for bringing this frivolous appeal, as is authorized by Fed. R. App. P. 38. In Parker v. C. I. R., 724 F. 2d 469, 472 (5th Cir. 1984), we sounded "a cautionary note to those who would persistently raise arguments against the income tax which have been put to rest for years. The full range of sanctions in Rule 38 hereafter shall be summoned in response to a totally frivolous appeal."
We are sensitive to the need for the courts to remain open to all who seek in good faith to invoke the protection of law. An appeal that lacks merit is not always—or often—frivolous. However, we are not obliged to suffer in silence the filing of baseless, insupportable appeals presenting no colorable claims of error and designed only to delay, obstruct, or incapacitate the operations of the courts or any other governmental authority. Crain's present appeal is of this sort. It is a hodgepodge of unsupported assertions, irrelevant platitudes, and legalistic gibberish. The government should not have been put to the trouble of responding to such spurious arguments, nor this court to the trouble of "adjudicating" this meritless appeal.
Accordingly, we grant the government's request. The United States shall recover from appellant Crain twice its cost of this appeal. Additionally, we assess against Crain a damage award of $2000 in favor of the appellee United States.[8]
Impact upon filing attorney
Filing a claim that is ultimately deemed frivolous can be highly damaging to the attorney so filing. Most frivolous lawsuits that are successful are filed without an attorney. Attorney Daniel Evans writes:
[W]hen a judge calls an argument "ridiculous" or "frivolous," it is absolutely the worst thing the judge could say. It means that the person arguing the position has absolutely no idea of what he is doing, and has completely wasted everyone's time. It doesn't mean that the case wasn't well argued, or that judge simply decided for the other side, it means that there was no other side. The argument was absolutely, positively, incompetent. The judge is not telling you that you were "wrong." The judge is telling you that you are out of your mind.[9]
Examples
Washington v. Alaimo
In Washington v. Alaimo[10] the court listed more than seventy-five frivolous "motions" (a request for a court to issue an order), all of which required the attention of the Court, including the following:
Washington, an inmate from Georgia, was eventually prohibited from filing any future lawsuits or motions in any district court unless he first posted a contempt bond of $1,500. To be deemed frivolous, a litigant's arguments must strike beyond the pale.[12]
Pearson v. Chung
In 2005, in Pearson v. Chung, Roy Pearson, a Washington, D.C. judge, sued a dry cleaning business for $67 million for allegedly losing a pair of his pants. This case has been cited as an example of frivolous litigation.[13] According to Pearson, the dry cleaners lost his pants (which he brought in for a $10.50 alteration) and refused his demands for a large refund. Pearson believed that a sign saying "Satisfaction Guaranteed" in the window of the shop legally entitled him to a refund for the cost of the pants, estimated at $1,000. The $54 million total also included $2.0 million in "mental distress" and $15,000 which he estimated to be the cost of renting a car every weekend to go to another dry cleaners.[14] The court ultimately ruled against Pearson, whose judgeship was subsequently not renewed due to this case and several other actions he filed during his divorce, which were found to demonstrate a lack of "judicial temperament".[15]
Jonathan Lee Riches
In 2010, federal prosecutors asked a judge to help them stop Jonathan Lee Riches from filing any more lawsuits, arguing that his frequent filings were frivolous.[16]
Gloria Dawn Ironbox
In July 2013, the Human Rights Tribunal of Ontario dismissed a complaint laid by a man posing as Gloria Dawn Ironbox, a fictional feminist attorney on television series Family Guy. The claimant alleged that a marketing scheme by A&W Restaurants was "heteronormative", "phallocentric" and promoted "cross-sectional hegemony". Citing feelings of distress and alienation over the lack of "LGBT" representation in A&W naming conventions, he demanded $50,000 in damages for injury to dignity and self-respect as well as an order requiring A&W to adopt naming conventions which include non-traditional families.[17][18][19] One such product the claimant demanded was the "Pillow Biter", described by the claimant as "a large, dark slab of meat stuffed firmly between two, white, clenched buns".[20]
Sirgiorgio Sanford Clardy
In January 2014, Sirgiorgio Sanford Clardy, who is serving a 100-year prison sentence for a beating of a prostitute and her customer,[21] filed a $100 million lawsuit against Nike, in which he claimed that Nike was partially responsible for the assault he committed. Clardy said that Nike should have placed a label in his Jordan shoes warning consumers that they could be used as a dangerous weapon. He was wearing a pair when he repeatedly stomped the face of a client who was trying to leave a Portland hotel without paying Clardy's prostitute in June 2012.[22] This lawsuit gained "considerable attention across the nation and the world".[23][24]
Romine v. Stanton
In March 2016, James Romine, one-half of the independent video games developer Digital Homicide Studios, sued video game critic James Stephanie Sterling for criticizing the games published under his studios' name, seeking $10 million in damages for "assault, libel, and slander" to Romine's business. He claimed that Sterling's coverage of his studio's game The Slaughtering Grounds as "Worst Game of 2014 Contender" was not protected under fair use law because he did not believe it was "fair" criticism. An additional lawsuit for $18 million was filed against 100 users on the Steam gaming platform for criticizing their games and business practices, which he had interpreted as "harassment". The judge issued a subpoena against Valve to disclose the identities of those 100 users. This resulted in Valve removing all published games from Digital Homicide Studios.[25] In addition, Romine filed the lawsuit as an individual and not as a corporation, so such criticism was protected under the right to freedom of speech. The case was dismissed with prejudice in February 2017.[26] This case is also an example of abuse of DMCA takedown requests on YouTube.[27]
Erik Estavillo vs Twitch, Inc
In June 2020, Erik Estavillo filed a lawsuit against Twitch, claiming that the streaming platform was responsible for his sex addiction, with damages of $25 million, which was to be split between him, Twitch Prime subscribers, and COVID-19 charities.[28][29] He claimed that Twitch's "twisted programming and net code" made it "nearly impossible to use Twitch without being exposed to sexual content". Other claims included him "chafing his penis every day with [a fleshlight]" and causing a fire by ejaculating on his computer monitor. The filing contained pictures of the female Twitch streamers (such as Amouranth and Pokimane), who he wanted banned from the platform. Estavillo had previously sued Blizzard, Microsoft, Sony, and Nintendo. All of these lawsuits were dismissed with prejudice.[30] This case was dismissed as frivolous in January 2021.[31]
↑ Weblogger Chris Pearson quotes more extensively from Washington v. Alaimo in "Motion to Kiss My Ass". dumb-lawsuits.com. December 13, 2005. Archived from the original on March 18, 2007. Retrieved January 5, 2007.
↑ "The Great American Pants Suit". Wall Street Journal. June 18, 2007. Archived from the original on June 20, 2007. Retrieved June 21, 2007. It's nice to see that even the organized plaintiffs bar piously deplores Mr. Pearson's abuse of the law. It would be even nicer if they agreed to stop opposing reforms that would give the Chungs of the world a fighting chance the next time around.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons that the filing party or parties believes are sufficient to support a claim against the party or parties against whom the claim is brought that entitles the plaintiff(s) to a remedy. For example, the Federal Rules of Civil Procedure (FRCP) that govern civil litigation in United States courts provide that a civil action is commenced with the filing or service of a pleading called a complaint. Civil court rules in states that have incorporated the Federal Rules of Civil Procedure use the same term for the same pleading.
Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
The Church of Scientology has been involved in numerous court disputes across the world. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church of Scientology says that its use of the legal system is necessary to protect its intellectual property and its right to freedom of religion. Critics say that most of the organization's legal claims are designed to harass those who criticize it and its manipulative business practices.
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion is the moving party or movant. The party opposing the motion is the nonmoving party or nonmovant.
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. They are the companion to the Federal Rules of Criminal Procedure. Rules promulgated by the United States Supreme Court pursuant to the Rules Enabling Act become part of the FRCP unless, within seven months, the United States Congress acts to veto them. The Court's modifications to the rules are usually based upon recommendations from the Judicial Conference of the United States, the federal judiciary's internal policy-making body.
The Private Securities Litigation Reform Act of 1995, Pub. L.104–67 (text)(PDF), 109 Stat. 737 ("PSLRA") implemented several substantive changes in the United States that have affected certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation, and awards fees and expenses.
In law, intervention is a procedure to allow a nonparty, called intervenor to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.
Tax protesters in the United States have advanced a number of arguments asserting that the assessment and collection of the federal income tax violates statutes enacted by the United States Congress and signed into law by the President. Such arguments generally claim that certain statutes fail to create a duty to pay taxes, that such statutes do not impose the income tax on wages or other types of income claimed by the tax protesters, or that provisions within a given statute exempt the tax protesters from a duty to pay.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
Pearson v. Chung, also known as the "$54 million pants" case, is a 2007 civil case decided in the Superior Court of the District of Columbia in which Roy Pearson, then an administrative law judge, sued his local dry cleaning establishment for $54 million in damages after the dry cleaners allegedly lost his pants.
Pro se legal representation means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
Tax protesters in the United States advance a number of constitutional arguments asserting that the imposition, assessment and collection of the federal income tax violates the United States Constitution. These kinds of arguments, though related to, are distinguished from statutory and administrative arguments, which presuppose the constitutionality of the income tax, as well as from general conspiracy arguments, which are based upon the proposition that the three branches of the federal government are involved together in a deliberate, on-going campaign of deception for the purpose of defrauding individuals or entities of their wealth or profits. Although constitutional challenges to U.S. tax laws are frequently directed towards the validity and effect of the Sixteenth Amendment, assertions that the income tax violates various other provisions of the Constitution have been made as well.
A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies, or a moral opposition to taxation in general, not out of a belief that the tax law itself is invalid. The United States has a large and organized culture of people who espouse such theories. Tax protesters also exist in other countries.
Anders v. California, 386 U.S. 738 (1967), was a United States Supreme Court case in which a court-appointed attorney filed a motion to withdraw from the appeal of a criminal case because of his belief that any grounds for appeal were frivolous.
Tax protesters in the United States advance a number of administrative arguments asserting that the assessment and collection of the federal income tax violates regulations enacted by responsible agencies –primarily the Internal Revenue Service (IRS)– tasked with carrying out the statutes enacted by the United States Congress and signed into law by the President. Such arguments generally include claims that the administrative agency fails to create a duty to pay taxes, or that its operation conflicts with some other law, or that the agency is not authorized by statute to assess or collect income taxes, to seize assets to satisfy tax claims, or to penalize persons who fail to file a return or pay the tax.
The Lawsuit Abuse Reduction Act of 2015 is legislation that amends Rule 11 of the Federal Rules of Civil Procedure to require judges to impose mandatory sanctions on attorneys, law firms, or parties who file frivolous "claims, defenses, and other legal contentions." The legislation replaces the current rule, which allows judges' discretion to impose sanctions, and instead forces judges to impose mandatory sanctions prescribed by Congress. It also removes the rule's safe harbor protection, which currently allows attorneys to correct their pleadings, claims or contentions within a 21-day period without fear of sanctions.
Pseudolaw consists of statements, beliefs, or practices that are claimed to be based on accepted law or legal doctrine but have no actual basis in law and are generally rooted in conspiracy theories. Pseudolegal arguments deviate significantly from most conventional understandings of law and jurisprudence and often originate from non-existent statutes or legal principles the advocate or adherent incorrectly believes exist.
Coleman v. Tollefson, 575 U.S. 532 (2015), is a United States Supreme Court case dealing with a prisoner's inability to file lawsuits in forma pauperis after filing 3 lawsuits which are dismissed because they are "frivolous, malicious, or [fail] to state a claim upon which relief may be granted."
Peter v. NantKwest Inc., 589 U.S. ___ (2019), was a United States Supreme Court case from the October 2019 term.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
