General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAt what point can attorneys be sanctioned for filing frivolous lawsuits?
This is just going to go on and on ad infinitum. It's trump's M.O.
Brainfodder
(6,423 posts)L.Pharmstrong
(152 posts)It doesnt happen as much as it should, and judges are typically uninclined unfortunately.
still_one
(92,061 posts)Ms. Toad
(33,992 posts)The other side would move for Rule 11 sanctions.
https://www.law.cornell.edu/rules/frcp/rule_11
But - remember - losing case does not necessarily mean frivolous. The informal definition of frivolous is that it doesn't pass the laugh test. If you can't make your argument to a judge with a straight face, it's frivolous.
So far, most of the litigation has been losing - but not frivolous.
TomSlick
(11,088 posts)A lawyer signing a pleading attests the pleading:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; (and)
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery....
A violation of the Rule can result in sanctions against the lawyer and client. The problem is that judges are usually hesitant to enforce the Rule.