While the Court understands that counsel for the Defendant is a law professor, and that he believes this case serves an important educational function, counsel must also understand that he represents a client in this litigation — a client whose case may well be undermined by the filing
of frivolous motions and the failure to comply with the Rules.
Not exact matches
Others believe that it will cut down on
frivolous motions to reopen a case based on ineffective assistance
of counsel, which is often a delaying tactic at best.
But in a
motion filed earlier this month, RIAA lawyers accuse Beckerman
of making misleading statements, baseless discovery objections and
frivolous motions — and then adding insult to injury by posting all the documents on his blog.
Reversal
of the SLAPP fee order was required because the defense
motion was neither
frivolous nor completely devoid
of merit.
Also, the lower court failed to issue a written factual recital
of the sanctionable conduct, with the reference to the prior appellate decision not having any value given that the reviewing panel did not find the prior
motion or appeal
frivolous.
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.
This was a
motion for security for costs
of the appeal, on the grounds that the wife's appeal
of a spousal support and equalization payment order was
frivolous and vexatious and that the wife had insufficient assets in Ontario to pay the costs
of the appeal.
5 Feb. 13, 2018)(unpublished), County defensed an ex-employee's FEHA harassment / retaliation claims through a summary judgment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.
(Part 1: The
Motion), S.C. Law., May 2013, at 54, 54 («After speaking informally with several state court judges, I realized that they are reluctant to grant summary judgment
motions except in cases in which the claims are almost to the point
of being
frivolous.»)
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.
A
motion to strike the pleadings for being
frivolous or vexatious and for disclosing no cause
of action.
The best part
of defense coverage is that it doesn't matter whether the suit or claim has any merit — coverage applies even if the suit is
frivolous, ridiculous, or couldn't possibly survive a
motion for summary judgment to dismiss.
He might file
frivolous motions of his own, dragging you into court at every turn and protesting every step
of the proceedings.