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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 a claim was lost does not imply the claim in itself was frivolous.
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 court disputes in several countries. 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 a party or parties against another in the 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 in reference to a civil action brought by a plaintiff requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, 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.
Strategic lawsuits against public participation, or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally instituting and pursuing a legal action that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings.
Valery Iosifovich Fabrikant is a former associate professor of mechanical engineering at Concordia University in Montreal, Quebec, Canada. On 24 August 1992, after years of increasingly disruptive behaviour at the university, he shot and killed four colleagues and wounded one staff member.
Free Dominion was a Canadian conservative internet forum. The site used the phrase "Principled Conservativism" to describe its ideology.
Charles Conliff Mende Roach was a Canadian civil rights lawyer and an activist in the Black community in Toronto.
Pearson v. Chung, also known as the "$54 million pants" case, is a civil case filed in 2005 by Judge Roy L. Pearson. Pearson was, at the time, an administrative law judge in the District of Columbia.
Jonathan Lee Riches is a convicted fraudster known for the many lawsuits he has filed in various United States district courts. Riches was incarcerated at Federal Medical Center, Lexington, Kentucky, for wire fraud under the terms of a plea bargain. His release date was April 30, 2012. He was arrested for violating his federal probation in December 2012, when he left the Eastern District of the state of Pennsylvania without permission. He allegedly drove to Connecticut and impersonated the uncle of Adam Lanza, the shooter in the Sandy Hook Elementary School incident.
In law, frivolous or vexatious is a term used to challenge a complaint or a legal proceeding being heard as lacking in merit, or to deny, dismiss or strike out any ensuing judicial or non-judicial processes.
Numerous lawsuits and ballot challenges, based on conspiracy theories related to Barack Obama's eligibility for the United States presidency, were filed following his first election in 2008 and over the course of his two terms as president. These actions sought to have Obama disqualified from running for, or being confirmed for, the Presidency of the United States, to declare his actions in office to be null and void, or to compel him to release additional documentation related to his U.S. citizenship.
An Isaac Wunder order is an order issued by an Irish court restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious.
John Doe VII v. Exxon Mobil Corp (09–7125) is a lawsuit filed in the United States by 11 Indonesian villagers against ExxonMobil Corporation alleging that the company is responsible for human rights violations in the oil-rich province of Aceh, Indonesia. The case has broad implications for multinational corporations doing business in other countries. Indonesian security forces committed torture, rape, and murder against the plaintiffs and their families while under contract with ExxonMobil to guard the Arun gas field during the late 1990s and early 2000s; plaintiffs claim that Exxon is responsible for these atrocities.
Astley v Verdun, 2011 ONSC 3651, is a leading defamation decision released by Ontario Superior Court of Justice. The case was publicized for the amount of damages awarded to the plaintiff, and the permanent injunction ordered against the defendant.
The Hammerstone Quarry Project was an expansion of Birch Mountain Resources' Muskeg Valley Quarry in Northern Alberta, north of Fort McMurray, in Fort McKay, where Birch Mountain owned mineral rights on nearly one million acres in the heart of the oil sands region.
Gloria Jean Epstein is a supernumerary judge of the Court of Appeal for Ontario. She had also previously been appointed to the Court of Ontario. On January 1, 2015, Epstein retired to become a supernumerary judge, and was replaced as a full-time judge by Bradley W. Miller.
Harvey Thomas Strosberg, is a Canadian lawyer. He is a senior partner at the law firm of Strosberg, Sasso, Sutts LLP.
Robin Hood v. United States CV 12-01542 was a 2012 United States District Court for the Northern District of California civil court case. The case was brought by a person named Robin Hood against the United States government for allegedly violating the Racketeer Influenced and Corrupt Organizations Act (RICO). The case was heard under the plaintiff being in forma pauperis but the case was dismissed as frivolous litigation after Hood failed to state a claim for relief. Hood appealed the ruling requesting retention of in forma pauperis status but this was denied due to frivolous claims made during the court proceedings.
References
- ↑ McLaughlin, Gord (May 18, 1999). "Man claiming to be Martian too convincing for own good". National Post. TORONTO. Retrieved 9 September 2012.
- ↑ Joly v. Pelletier et al.(Ontario Superior CourtMay 16, 1999). Text
- ↑ Wallechinsky, David (2005). "11 Unusual lawsuits (#9)" . The Book of Lists, the Canadian Edition. Toronto: Knopf Canada. p. 235. ISBN 0-676-97720-0.
