News & Analysis as of

Abuse of Process Frivolous Lawsuits

Tyson & Mendes LLP

NO WAY, PRO SE! The Consequences of Abusing the Judicial System as a Pro Se Litigant in Colorado

Tyson & Mendes LLP on

Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al....more

Bennett Jones LLP

“Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

Bennett Jones LLP on

Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule...more

McDermott Will & Emery

Seventh Circuit Formally Adopts Octane Fitness Standard for Trademark Cases

The US Court of Appeals for the Seventh Circuit officially joined its sister circuits in holding that the Supreme Court standard for awarding attorney’s fees in patent cases, set forth in Octane Fitness, LLC v. ICON Health &...more

Robins Kaplan LLP

Court Found Case Frivolous For Five-Year Period, But $5.3M Attorney's Fee Request Will Be Trimmed - Touchtunes Music Corp. v....

Robins Kaplan LLP on

Case Number: 1:07-cv-11450-RWS (Dkt. 291) - Judge Sweet unsealed [link to tab 9] his decision of April 3, 2014 [link to tab 10] granting counterclaim defendant TouchTunes' motion for fees and expenses, but said that...more

Burr & Forman

The Limits Of SLUSA Preemption

Burr & Forman on

In 1995, the Private Securities Litigation Reform Act (“PSLRA”) was passed to limit frivolous and unwarranted securities lawsuits. 15 U.S.C. §78u–4. While private securities litigation is an indispensable tool in which...more

Morrison & Foerster LLP

For Whom the Bell Trolls, Episode II: The Judiciary Strikes Back

Morrison & Foerster LLP on

Patent reform legislation continues to be hotly debated, both in the public arena and before Congress. Federal Circuit Chief Judge Randall R. Rader recently said that Congress should leave reform to the courts, echoing...more

Ballard Spahr LLP

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company

Ballard Spahr LLP on

Litigants that have been forced to defend groundless litigation are entitled to recover their attorneys' fees even if those costs were paid by an insurance company, Maryland's highest court has ruled. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Trolls Better Watch Out This Halloween -- Senator Hatch Introduces Patent Litigation Integrity Act

Just in time for Halloween, Senator Orrin Hatch (R-Utah) has introduced yet another piece of legislation to combat the perceived "patent troll" problem. The Patent Litigation Integrity Act (S. 1612) is aimed at shifting the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Rep. Goodlatte Introduces Second "Discussion Draft" of Legislation Aimed at Curbing "Abusive Patent Litigation"

In order to combat the perceived "patent troll" problem, members of Congress in both the House and the Senate introduced bills last spring aimed at addressing abusive patent litigation tactics. One of the more comprehensive...more

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