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Monday, October 06, 2008

Vexatious litigation

Vexatious litigation is that which is brought, regardless of its merits (usually it has none) 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. It is an abuse of the judicial process and almost always brings down sanctions on the offender.

Repeated and severe instances by a single lawyer can result in his disbarment.

In some jurisdictions there is also a list of vexatious litigants, generally people who have repeatedly abused the legal system and who choose to represent themselves rather than employ a lawyer. Those on the list are in general forbidden from any further legal action. The process by which a person is added to the list varies between jurisdictions.

See also barratry, Strategic lawsuit against public participation, abuse of process, malicious prosecution



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