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Topic: Vexatious litigation

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	Vexatious litigation - Wikipedia, the free encyclopedia
		Vexatious litigation is that which is brought, regardless of its merits (which it typically lack any at all) solely to harass or subdue an adversary.
		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.
		Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.
	en.wikipedia.org /wiki/Vexatious_litigation (352 words)

	Corporate Litigation (Site not responding. Last check: 2007-11-02)
		Vexatious litigation is that which is brought, regardless of its merits (usually it has none) solely to harass or subdue an adversary.
		In English law and legal systems derived from it, a vexatious litigant is someone who is debarred from bringing a case to court because they have previously abused the legal system.
		A special category of ''litigant in person'' arises when a defendant in a criminal case dismisses their defence counsel and chooses to defend the case themselves.
	www.wwwtln.com /finance/54/corporate-litigation.html (521 words)

	[No title]
		Their numerous applications to the court had been made in a long and ultimately unsuccessful struggle to save their home and businesses in the context of proceedings originally instituted by the defendants and, as such, were proportional to the dispute in which they were involved (para.
		They were therefore dangerously close to being vexatious litigants and were they to institute further proceedings against the defendants or any other party arising out of the loss of their home and businesses, the Attorney General might consider it appropriate to apply to the court under the Civil Proceedings (Vexatious Litigants) (Jersey) Law 2001 (para.
		6 Hambros’s primary submission is that the plaintiffs are vexatious litigants and for that reason the court ought to exercise its jurisdiction to grant the relief sought.
	www.jerseylegalinfo.je /Judgments/JerseyLawReports/display.aspx?cases/JLR2001/JLR010499.htm (2190 words)

	Re: Graham Berry: "Vexatious"
		In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security.
		If the clerk mistakenly files the litigation without such an order, any party may file with the clerk and serve on the plaintiff and other parties a notice stating that the plaintiff is a vexatious litigant subject to a prefiling order as set forth in subdivision (a).
		The litigation shall be automatically dismissed unless the plaintiff within 10 days of the filing of such notice obtains an order from the presiding judge permitting the filing of the litigation as set forth in subdivision (b).
	www.holysmoke.org /gb/gb031.htm (986 words)

	Legal Definition of Vexatious Suit, Litigation
		VEXATIOUS SUIT, LITIGATION - A vexatictus suit is one which has been instituted maliciously, and without probable cause, whereby a damage has ensued to the defendant.
		The damage which the party injured sustains from a vexatious suit for a crime, is either to his person, his reputation, his estate or his relative rights.
		Notwithstanding his person is left at liberty, and his character is unstained by the proceedings, (as where the indictment is for a trespass) yet if he necessarily incurs expense in defending himself against the charge, he has a right to have his losses made good.
	www.lectlaw.com /def2/u087.htm (441 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		(4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.
		Trial court's declaration of plaintiff as vexatious litigant not abuse of discretion where plaintiff failed in separate incidents to serve and/or inappropriately served separate documents on defendant, failed to produce documents to defendant's attorney and committed inappropriate service of documents, and filed at least one motion that was without merit.
		Where Hawaii supreme court had opined in a previous case that plaintiff had "engaged in a pattern of frivolous and vexatious litigation" and that case and the present case were "based upon the same or substantially similar facts, transaction, or occurrence", trial court correctly determined that plaintiff was a vexatious litigant under this section.
	www.capitol.hawaii.gov /hrscurrent/Vol13_Ch0601-0675/HRS0634J/HRS_0634J-0001.htm (408 words)

	Court Won't Name Judge in Vexing Lawsuits
		Several people are currently considered vexatious litigants by the appeals court and each has an assigned judge.
		The amount was carefully calculated to reasonably reflect the cost to defend his vexatious pleadings and manuevers and to send a message to him hat we were not going to play his game and set the matter down for pre-trial conference.
		The point of this long message is that the kind of vexatious conduct - as outrageous as it is - should not be an excuse for permitting courts to cloak themselves with anonimity.
	www.lectlaw.com /files/fun03.htm (1239 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Disobedience of the order by a vexatious litigant may be punished as a contempt of court.
		If the clerk mistakenly files the litigation without the order, any party may file with the clerk and serve on the plaintiff and other parties a notice stating that the plaintiff is a vexatious litigant subject to a prefiling order as set forth in subdivision (a).
		The litigation shall be automatically dismissed unless the plaintiff within 10 days of the filing of that notice obtains an order from the presiding judge permitting the filing of the litigation as set forth in subdivision (b).
	caselaw.lp.findlaw.com /cacodes/ccp/391-391.7.html (946 words)

	Rule 60 Opposition Keith Henson
		The litigation misconduct, moreover, must have been "harmful" to the extent of "affect[ing] the substantial rights" of the movant in that litigation.
		(2) After a litigation has been finally determined against the person, repeatedly relitigate or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined...
		Section 391.7(a) of the C.C.P. authorizes a court to issue a "prefiling order requiring a person determined to be a vexatious litigant to obtain leave to file new litigation from the presiding judge of the court where litigation is proposed to be filed.
	www.skeptictank.org /r60motn.htm (3463 words)

	Surveyor Immunity (Site not responding. Last check: 2007-11-02)
		The anger of the neighbor is often focused on the surveyor as the source of their boundary problem, the reason for the expenses they incurred in litigation, or the reason for their loss in litigation.
		Circumstances often arise where a surveyor is unable to prove beyond a reasonable doubt the basis for their opinion; yet, this should not stand in the way of offering the opinion when required to fairly try a boundary dispute where only a preponderance of evidence is needed.
		Accordingly, while the surveyor should always tread cautiously when providing an opinion, where litigation appears imminent or is ongoing, the surveyor should not be intimidated into changing their opinion or avoid giving it under threat of a lawsuit by the opposing party.
	www.rispls.org /Articles/surveyor_immunity.htm (671 words)

	use of vexatious litigant orders to rid the courts of the party litigant or litigant in person
		See also (5) a Vexatious Actions (Scotland) Act 1898 in B Matters Continuing and (g) (v) Why the Vexatious Litigant Proceedings against Martin Frost in F. Institutions and Personages.
		This chapter in ‘G The Law’ section is to be a rolling essay concerning the use of vexatious litigant orders to rid the courts of the party litigant or litigant in person.
		Of great concern is the planned use of vexatious litigant usage to enable not only the courts but other public bodies to deny access to those they largely subjectively judge as troublesome (see F below).
	www.martinfrost.ws /htmlfiles/vexatious2.html (300 words)

	UNITED STATES DISTRICT COURT
		Moreover, in the event the prosecution was not vexatious or frivolous at the onset, Mr.
		XXXX XXXX would still be entitled to attorneysâ fees and litigation expenses from the date on which the Court was to find that the prosecution became vexatious or frivolous or was continued in bad faith.
		Reimbursement of his attorneyâs fees and litigation expenses in the amount of $385,296.09 is the least that is appropriate.
	www.brodenmickelsen.com /mb24.html (6695 words)

	Welcome to the Financial Gazette Online! (Site not responding. Last check: 2007-11-02)
		Without doubt, it must be stated here that litigation is a right conferred by the constitution to permit people to protect or enforce their legal rights.
		However, the commonest, but non-procedural means by which the law seeks to curtail the incidence of frivolous and vexatious litigation is by the awarding of financially punitive orders against a losing litigants.
		The purpose of an award of costs to a successful litigant is to indemnify him for the expense to which he will have been put through having been unjustly compelled to initiate or defend litigation.
	www.fingaz.co.zw /fingaz/2005/March/March3/7903.shtml (1079 words)

	Protective Injunction from future Urantia Foundation lawsuits
		If the Foundation was truly concerned about Maaherra's activities and not in filing vexatious litigation for the purpose of entangling Maaherra in litigation, it could have easily stated its demands to her and/or her attorney before initiating a new lawsuit.
		When a litigant abuses the court system for the primary purpose of harassing its opponents, the courts are justified and have the power under the All Writs Act to enjoin further litigation.
		Courts are reluctant to block free access to the courts by enjoining a pro se litigant from further litigation because "[a]s a class, those without the resources to hire counsel may, more heavily than most, have to depend on the judiciary to guard their interests." Wood, 705 F.2d at 1525.
	www.freeurantia.org /webdoc7b.htm (11319 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		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 with sanctions a plaintiff and his/her attorney for filing or continuing a "frivolous" legal action (money award to the defendant for the trouble and/or attorney fees).
	dictionary.law.com /definition.asp?selected=2222&bold=\|\|\|\| (98 words)

	Skeleton Argument for High Court Judicial Review - Digest of Arguments on the Principal Issues
		Vexatious : A proceeding is said to be vexatious when the party bringing it is not acting bona fide, and merely wishes to annoy, upset or embarrass his opponent, or when it is not calculated to bring about any practical result.
		Such a proceeding is often described as ‘frivolous and vexatious’ and the court may stay it on that ground, both under its inherent jurisdiction and occasionally under prescribed rules depending on the court.”
		I have chosen not to do so, but have instead awaited until the initiation of the evil deed itself before choosing to act, in order specifically to avoid the allegation of interfering in or embarrassing the Government in the conduct of its delicate negotiations in the international arena.
	www.newcastle-emlyn.com /stopwar/rmanson/review/part-8-5.shtml (659 words)

	Corporate Ambulance Chasers - The Charmed Life of Business Litigation
		Some represent a more troublesome phenomenon: litigation to harass the competition and attempt to raise their costs.
		Similar litigation marks the "toothpaste wars," the "soft drink wars," the "diaper wars" and the "coffee wars."
		Finally, there is the Tylenol litigation, commenced after Johnson & Johnson was widely praised for voluntarily recalling 30 million bottles of Tylenol after seven poisoning deaths in Chicago.
	www.dancingwithlawyers.com /freeinfo/business.shtml (906 words)

	Armstrong Teasdale LLP - Insurance Coverage, Reinsurance And Extracontractual Liability
		We also represent insurers in bad faith litigation, vexatious refusal cases, premium fraud litigation, attorney fee disputes, civil RICO and similar policyholder and market conduct litigation, litigation with agents and brokers, disputes between primary and excess carriers, administrative proceedings before state regulators, garnishment actions, and unfair business practices cases, including class actions.
		We are routinely engaged by insurers and reinsurers to try cases that other firms have worked up, and to handle appeals of cases handled by other firms in trial courts.
		We won a case of first impression in the Kansas Supreme Court involving the allocation of a continuing loss across multiple policy periods, including questions of horizontal versus vertical exhaustion, and the corporate insured’s obligation to exhaust its self-insured retentions as part of any allocation scheme.
	www.armstrongteasdale.com /PracticeAreas/Litigation/ICRE/index.php (483 words)

	75(R) SB 1147 Introduced version - Bill Text (Site not responding. Last check: 2007-11-02)
		In this chapter: 1-7 (1) "Defendant" means a person against whom a 1-8 litigation is brought or maintained or sought to be brought or 1-9 maintained.
		On termination of the litigation the defendant shall 2-24 have recourse to the security in an amount determined by the court.
		The importance of this legislation and the 3-8 crowded condition of the calendars in both houses create an 3-9 emergency and an imperative public necessity that the 3-10 constitutional rule requiring bills to be read on three several 3-11 days in each house be suspended, and this rule is hereby suspended.
	www.capitol.state.tx.us /tlo/75R/billtext/SB01147I.HTM (264 words)

	75(R) HB 3087 Enrolled version - Bill Text (Site not responding. Last check: 2007-11-02)
		The 4-17 court shall dismiss a litigation as to a moving defendant if a 4-18 plaintiff ordered to furnish security does not furnish the security 4-19 within the time set by the order.
		If the litigation is 4-21 dismissed on its merits, the moving defendant has recourse to the 4-22 security furnished by the plaintiff in an amount determined by the 4-23 court.
		The importance of this legislation and the 7-4 crowded condition of the calendars in both houses create an 7-5 emergency and an imperative public necessity that the 7-6 constitutional rule requiring bills to be read on three several 7-7 days in each house be suspended, and this rule is hereby suspended.
	www.capitol.state.tx.us /tlo/75R/billtext/HB03087F.HTM (870 words)

	Scientology Flag Service Organization's Petition for Appointment of Administrator Ad Litem & Amended im to the ... (Site not responding. Last check: 2007-11-02)
		Meanwhile, Judge Schaeffer has denied the Estates motion to dismiss a counterclaim filed against the Estate in that action sounding in the tort of abuse of process for litigating* the Estates wrongful death claim by means of a litany of improper acts unrelated to the legitimate purpose of the litigation*.
		Liebreichs conduct in litigation* has resulted in more than $560,000 in outstanding judgments against the Estate to date, with liability established and only a quantum of damages and fees to be determined in another action against the Estate.
		Because the litigation is multiplying and promises to continue to expand with future potential judgments levied against the Estate, it is a matter of urgency that an ad litem personal representative be appointed.
	www.whyaretheydead.net /lisa_mcpherson/legal/fso0208.html (2332 words)

	HB2491 (Site not responding. Last check: 2007-11-02)
		Expands scope of vexatious litigants law to prohibit and sanction the vexatious conduct of all parties.
		When a motion pursuant to section 634J-2 is made at any time thereafter, the litigation shall be stayed for such period after the denial of the motion or the furnishing of the required security as the court shall determine."
		] vexatious litigant is subject to a prefiling order as set forth in subsection (a).
	www.capitol.hawaii.gov /sessioncurrent/bills/HB2491_.htm (892 words)

	[No title]
		There was a long history of litigation between the parties going back to 1992.
		The defendants maintained that it had become vexatious and sought to control further proceedings, submitting that the Royal Court had always had an inherent jurisdiction to grant the relief sought but, if it had not, then it should now claim that jurisdiction.
		(c) a person had a legal right not to be subjected to vexatious litigation, which might be asserted by seeking to prevent the litigation being initiated without the leave of the judge; and
	www.jerseylegalinfo.je /Judgments/JerseyLawReports/display.aspx?cases/JLR2000/JLR000221.htm (972 words)

	The Hindu : National : Prevent frivolous litigation: panel
		Commission quotes laws in U.K., the U.S. The Law Commission has suggested enactment of legislation to prevent filing of frivolous and vexatious litigations, both civil and criminal, in courts and to ensure speedy disposal of other pending cases.
		The Commission, headed by Justice M. Jagannadha Rao, in its 192nd report says the main purpose of enacting a law on the subject is to prevent a person from instituting or continuing vexatious proceedings habitually and without reasonable ground in the High Courts and subordinate courts.
		It has pointed out that in the former State of Madras, a law was enacted in 1949 called the Madras Vexatious Litigation (Prevention) Act and later amended as Tamil Nadu Adaptation of Laws Order, 1969.
	www.hindu.com /2006/02/05/stories/2006020504011000.htm (330 words)

	High court blasts Saquib Nachan (Site not responding. Last check: 2007-11-02)
		Justice A M Khanwilkar dismissed Nachan’s petition for the transfer of his case from judge Bhangale and directed the advocate general to file a case against him under the vexatious litigation act.
		Nachan had filed a petition in the high court in August 2004, in which he sought the transfer of the Mulund bomb blast case as ‘he did not have faith in the special court’.
		The case under the Vexatious Litigation Act will not be the only action against Nachan.
	web.mid-day.com /news/city/2005/march/106248.htm (473 words)

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