Amani has continually been under attack by Mt Vernon, not only through the repeated
frivolous use of court proceedings, but also by refusing to comply with state law when it comes to charter school funding.
Not exact matches
At present, tenants get free legal advice, and can significantly prolong the case
using counter-complaints, adjournments and appeals — plus, there's no consequence for
frivolous or malicious
use of the
court's time.
2205 (2011)[U.S. Supreme Ct.]; author — Justice Kagan: «But for» test applies when determining whether a prevailing defendant should recover fees in a plaintiff's civil rights suit involving both
frivolous and nonfrivolous claims, rejecting the district
court's
use of a «focus» test.
Our snapshot
of cases captures a somewhat different picture, which is the cost
of self - represented litigants to the justice system in terms
of frivolous, unsupported, or improperly framed claims, applications and appeals, resulting in adjournments and, more generally, wasted and inefficiently
used court time.
Fees «may be
used to defray some
of the cost
of administering the justice system, to encourage the efficient
use of court resources, and to discourage
frivolous or inappropriate
use of the
courts» (par.
A new study by MLex
uses Lex Machina data to show that more and more district
courts are granting attorneys fees requests: Nearly six months after the US Supreme
Court made it easier to award attorneys» fees in «exceptional» patent cases, US district court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a patent suit: the Eastern District of T
Court made it easier to award attorneys» fees in «exceptional» patent cases, US district
court judges are increasingly sanctioning parties for filing frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a patent suit: the Eastern District of T
court judges are increasingly sanctioning parties for filing
frivolous lawsuits or engaging in litigation misconduct — except in the most popular place to file a patent suit: the Eastern District
of Texas.
Thus, I could see a patent troll, who is hailed into state
court, quickly filing a counter claim / suit and having the case removed to federal
court, and then successfully
using the Federal Circuit's definition
of objective recklessness (which also covers
frivolous suits and attorney's fees under 35 U.S.C. 285) to avoid any state law claims.