Sentences with phrase «of frivolous actions»

Courts have the inherent authority to prohibit the deliberate and continual filing of frivolous actions that demonstrate an egregious abuse of the judicial process and ultimately interfere with the timely administration of justice.

Not exact matches

The campaign called the suit a «frivolous,» «partisan» and meritless action that represents a «last - ditch effort» by a «nearly - bankrupt Democratic Party» still trying to counter the will of the American public.

Administrative actions — seizure of property by a government agency without notice or due process; becoming enmeshed in a frivolous civil lawsuit.

Turning water into wine at a party almost seemed a frivolous action until I realized that here is Jesus» acting out» if you like, His identity as the Lord of Creation.

One may ask how, in light of the apparently all - consuming need to cut costs, such a frivolous action can be justified.

What is needed is for people to stop asking these frivolous questions, to stop stalling the process of combatting human - induced climate change and actually engage in ACTION!

i only wish those thousands went to work on movies of more substance than fighting robots... and you don't have to apologize to me, i can in fact compare «Real Steel» to «The Fast and the Frivolous» films because in essence they are one - in - the - same, simply just the flavor of the week kind of flicks that have no real pull behind them other than big name actors, CGI and a promise of action.

The film's undoing is that by setting the action in India, as opposed to a fictional India - inspired location, it makes frivolous use of the country and its customs.

I think this is going to be my new go - to example of frivolous class - action lawsuits.

We do reserve the right to reject any of your Actions for unnecessary repetition, frivolous requests or foul language.

We reserve the right to cancel your Membership without notice, if in our sole and exclusive determination, we find abuse of our system, including, but not limited to: improper enrollment information, false or failed credit cards and frivolous use of our action buttons or our Smart Credit Report ®.

We reserve the right (but shall not be obligated) to filter your Action requests through our validation and frivolous filter engines designed to avoid abuses, provide continuity and protect our communications to the source or furnisher of information (i.e. your creditor) that is the subject of your Action.

We do reserve the right to reject any of your Actions for unnecessary repetition, frivolous request or foul language.

What is needed is for people to stop asking these frivolous questions, to stop stalling the process of combatting human - induced climate change and actually engage in ACTION!

Frivolous action: Groundless lawsuit with little prospect of success, often brought to embarrass or annoy the defendant.

Meanwhile, the Sierra Club and WWF America lobbies against energy development in Africa, an American foundation with ties to Hilary Clinton funds serial, frivolous legal actions against an Indian power company in Australian courts and the World Bank is in a «race against time to stop construction of new coal - fired power plants across the globe».

Unfortunately, there have also been a growing number of frivolous lawsuits, particularly actions for damages against law enforcement officers whose conduct has been judicially sanctioned by state trial and appellate courts and, in many instances, even by this Court.

Outside of the United States, many countries have adopted or are considering the adoption of practices that incentivize frivolous lawsuits, such as opt - out class actions, contingency fees, and unregulated third party litigation funding, bringing U.S. - style litigation abuses to foreign shores.

«The private right of action, as drafted, creates the perfect storm conditions for frivolous class actions,» says Fekete.

The Defendants move to dismiss the claim under Rule 21.01 (3)(d) of the Rules of Civil Procedure on the grounds that it an abuse of process, or under Rule 21.01 (1)(b) to strike the Statement of Claim as disclosing no reasonable cause of action or constituting a frivolous or vexatious claim, with no leave to amend.

also helpful is Rule 2.1 of the Rules of Civil Procedure, which allows for the dismissal of actions which are frivolous and vexatious on their faces, without the necessity of bringing motions.

Merchant Law Group moved to have the government's statement of claim struck, and a judge of the Court of Queen's Bench granted the motion in 2016, finding the action was frivolous and vexatious.

This was done to ensure that the plaintiffs and the defendants received notice of the fact that the court was considering dismissing the motion and possibly the full action for being frivolous, vexatious, or otherwise an abuse of the process of the court.

(5) If the court finds that an action brought pursuant to this section was frivolous as provided in article 17 of title 13, C.R.S., the court shall award costs and attorney fees to the defendant in the action.

(e) in a university context there is «no cause of action at law as damage to life and career... that is simply frivolous and vexatious».

SB 306 Details information State Commission on Judicial Conduct must release every year must include the number of complaints received by the commission, the number of complaints dismissed without commission action and the reasons (facts alleged did not constitute judicial misconduct, facts alleged did not constitute judicial misconduct or disability, allegation determined unfounded or frivolous).

Consequently, the defendants consequently sought «An order dismissing the action on the grounds that it is frivolous or vexatious or is otherwise an abuse of the process of the court pursuant to Rule 21.01 (3)(d).»

The column reports on different instances where appellate lawyers were personally sanctioned for their conduct: one for making «utterly frivolous» arguments in a series of appeals of foreclosure actions; another for misrepresenting the trial court's ruling and disrespecting the court's orders (in an appeal of an earlier sanctions award), and a third for a brief that the appellate court said was both «unintelligible» on the merits and vitriolic in speaking about the appellate court itself.

5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment motion, with the trial judge later awarding County fees under Code of Civil Procedure section 1038, which allows trial courts to award public entities the attorney's fees they incur for «unmeritorious and frivolous» lawsuits if the action was not brought in good faith and with reasonable cause.

Even Democrats disapprove of those coupon settlement shakedowns, where lawyers make big fees as part of coupon settlements that either sell good cases short, or satisfy the extortive demands that come with a frivolous class action.

Time to Take Action Ending Frivolous Lawsuits (Article published in GSA Business Report / link) Each year thousands of Americans — including many South Carolinians — are adversely affected by frivolous Frivolous Lawsuits (Article published in GSA Business Report / link) Each year thousands of Americans — including many South Carolinians — are adversely affected by frivolous frivolous lawsuits.

These include asbestos litigation reform, mandatory sanctions for filling frivolous litigation, protecting innocent parties from being unfairly or fradulently joines into a lawsuit, class action and multi-district litigation reforms, increased certainty where the Foreign Corrupt Practices Act (FCPA) is concerned, and reform of over-broad laws that threaten individuals and business with criminal prosecution absent any criminal intent, among others.

This can mean employing bad faith tactics such as frivolous motions to drive up the cost of litigation, failing to comply with orders in a timely manner and, if the party is the defendant, deliberately attempting to delay the action from proceeding to trial.

The direction from the HPRB in this case is essentially that where an inquiry committee does not view a complaint as trivial, frivolous, vexatious or made in bad faith, it can not elect to take no further action under s. 33 (6)(a) of the Act on the basis the registrant has not generally failed to meet professional standards (as submitted by the college), or on the basis the substandard care was an isolated incident not disclosing incompetence (as submitted by the registrant).

where a litigant makes essentially the same foundational claim in subsequent actions, it can also be seen as a collateral attack on previous court findings and constitute an abuse of process, making the claim frivolous and vexatious in nature.

The defendant moves for security for costs against Bruno on the basis of two outstanding costs awards in his favor and on the basis that the action is frivolous and vexatious.

The entire court system is not impugned by the actions of any frivolous, individual litigant.

The court in Rea noted that large publically traded corporations benefit more from requiring derivative actions to be granted with leave, since the body of potential claimants is significant and the corporation could be forced to fund potentially frivolous lawsuits if leave was not granted.

Applying arguments of statutory interpretation, the court struck the plaintiff's claims since only «a person» under the Rules of Court could bring actions and since the plaintiff was a Martian, he had no standing before the court (his claim was also struck as being frivolous and vexatious).

Hence the rules of procedure reiterating the power to throw out frivolous actions, and hence too the inclination in some places (as discussed recently here) to enact legislation against SLAPP suits.

A motion to strike the pleadings for being frivolous or vexatious and for disclosing no cause of action.

A particularly frivolous and vexatious claim commenced by» God, Prince Kitsilano, Skidegate - Sterritt Family, in James Sterritt and Marya Watson, on behalf of all Indians and Muslims was struck and the litigant barred from commencing further court actions without leave of the Supreme Court....

Unfortunately for the unlucky defendant faced with a frivolous suit, every court action requires some type of defense, otherwise the plaintiff will be able to obtain a default judgment and be able to begin the financial garnishment and recovery process.

We are also pushing passage of the SHIELD Act in Congress, which would help deter patent trolls by placing financial burdens on them for instigating frivolous legal action.

a discretion to summarily dismiss a proceeding in which no reasonable cause of action is disclosed, which is frivolous or vexatious, or which is an abuse of process, pursuant to Order 20 rule 2 of the Federal Court Rules.

Hi Steve: Do you think that RECO was surprised by the large claim volume because some Realtors relaxed their vigilance regarding shady practices knowing that they could avoid court action if a complaint was lodged against them, or, because consumers, upon becoming aware of the new insurance scheme, decided to pursue what could be described as frivolous claims due to the ease of claiming vs going through the court system?

Miller v. Bryce Real Estate (198 A.D. 2d 589) summary judgment properly denied prior to discovery against brokerage firm and purchaser for non-disclosure and fraudulent acts where property promptly relisted and sold at profit; no course of action for quadruple damages under RPL § 442 - e (3) as broker was licensed; sanctions awarded for frivolous litigation practices.