What is a Frivolous Case?

A frivolous case is a civil lawsuit that lacks any factual merit.

Basically, the plaintiff is suing the defendant based upon facts that do not amount to a cause of action.

How are frivolous cases regulated?

A frivolous case is a civil lawsuit that lacks any factual merit.

Basically, the plaintiff is suing the defendant based upon facts that do not amount to a cause of action.

A frivolous case is based upon conjecture or false information.

Any party can move to dismiss a frivolous suit or the judge can dismiss it unilaterally.

Generally, the rules of procedure in civil trials seek to prohibit the filing of frivolous cases.

Specifically, Rule 11 of the Federal Rules of Civil Procedure requires an attorney to sign an attestation that the case is filed in good faith.

The attorney’s signature says that the facts and claims in the pleading are meritorious and, to her knowledge, not for an improper purpose.