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Old Apr 14th, 2008, 10:19 AM   #1
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Question litigation

what is vexatious litigation?
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Old Apr 14th, 2008, 10:31 AM   #2
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what is vexatious litigation?

Filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother, annoy, embarrass and cause legal expenses to the defendant. Vexatious litigation includes continuing a lawsuit after discovery of the facts shows it has absolutely no merit. Upon judgment for the defendant, he/she has the right to file a suit for "malicious prosecution" against the original vexatious plaintiff. Moreover, most states allow a judge to penalize a plaintiff and his/her attorney for filing or continuing a "frivolous" legal action with sanctions (money award to the defendant for the trouble and/or attorney fees).
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