Frivolous - sustany/dvg GitHub Wiki

A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition.

A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989). That means, in a frivolous claim, either: �(1) "the 'factual contentions are clearly baseless,' such as when allegations are the product of delusion or fantasy;" or (2) "the claim is 'based on an indisputably meritless legal theory.'" Livingston v. Adirondack Beverage Co., 141 F.3d 434, 437 (2d Cir. 1998).

If a court decides a claim is frivolous, the court can dismiss the case, order the party which files the frivolous claim and the party�s attorney to pay any reasonable expenses, including attorney�s fees incurred as a result of the frivolous claim. Check out this report to see the different remedies available in different jurisdictions.