Frivolous Lawsuits

News & Analysis as of

Former University Employee Ordered To Pay $100,000 In Attorneys’ Fees For Bringing Frivolous FEHA Action

Robert v. Stanford University, H037514 (February 25, 2014): The California Court of Appeal recently affirmed an award of $100,000 in attorneys’ fees to a prevailing employer in a case where a former employee brought a...more

Man bites dog: recovering attorney’s fees from vexatious employees

California has a reputation for employment litigation: it is the state where everyone seems to feel obliged to sue their boss for something. While some suits have merit and others are understandable, there are suits...more

Best v. Cox: Motions to Remove Counsel and Receive Security for Costs

In Best v. Cox, Justice Feldman of the Ontario Court of Appeal considered two motions related to appellate practice. The appeal emerged from a finding of civil contempt. The first motion was brought by the appellant to remove...more

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

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

Power To The People (Mark), Redux

A federal appeals court recently upheld a $750,000 award to an employer for the attorneys’ fees and expert witness fees it expended defending a frivolous class action brought by the EEOC. EEOC v. Peoplemark, Inc. The EEOC...more

Maryland Defendants Can Recover Attorneys' Fees Paid by Insurance Company

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

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

Amendment to Prop 65 Provides Businesses a Grace Period: AB 227 Aims to Reduce Frivolous Lawsuits and Excessive Penalties

Gov. Brown recently signed Assembly Bill 227 into law, which amends California's Safe Drinking Water and Toxic Enforcement Act of 1986, otherwise known as Proposition 65. Prop 65 provides that businesses may not expose...more

California Appellate Court Gets SLAPP-Happy Regarding Frivolous Asbestos Litigation

The California Court of Appeals, Fifth Appellate District, recently upheld a trial court’s order denying a motion to strike a malicious prosecution action filed by a defendant in a previous asbestos lawsuit dismissed on the...more

EEOC Ordered To Pay Attorney’s Fees and Costs After Bogus Discrimination Case

The Sixth Circuit has ordered the Equal Employment Opportunity Commission (“EEOC”) to pay more than $750,000 in attorney’s fees and costs for pursuing a frivolous employment discrimination case....more

United States Supreme Court Agrees to Hear Two Cases That Could Potentially Deter Non-Practicing Entities From Filing Frivolous...

On October 1, 2013, the United States Supreme Court agreed to review the “exceptional” case standard for awarding attorneys’ fees in two separate patent-infringement cases. Both cases relate to patentees who are...more

Incremental Reform Bill Passes, But Governor’s Broader Changes Stall

California Gov. Jerry Brown promised earlier this year to get serious about reforming some of what the business community calls the worst abuses of Proposition 65 (Prop. 65) – changes in the definition of what constitutes a...more

Baseless Claims In Texas Now Have Financial Consequences

On March 1, 2013, Rule 91a of the Texas Rules of Civil Procedure went into effect, permitting early challenges to allegedly baseless claims. The new rule permits a party to file a motion to dismiss a cause of action on the...more

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

Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit...more

Non-Practicing Entity Sued Under RICO for Bringing Allegedly Frivolous Patent Infringement Cases

A company that has filed a series of cases alleging infringement of a patent has found itself named as a defendant sued under the federal Racketeering and Corrupt Organizations Act (RICO). The case, FindTheBest.com, Inc. v....more

Unlicensed Practice of Law - Warning Signs

As our article from earlier this week demonstrates, immigration and the unlicensed practice of law often go hand in hand. It is a crime to practice law without a license in the United States. Unlicensed immigration...more

Suing a Licensed Real Estate Professional May Require You to Complete and Turn In Your Homework

A lawyer must have a good faith belief, after reasonable inquiry, that a lawsuit he files is grounded in fact and warranted by existing law. Ariz. R. Civ. P. 11. In other words, lawyers violate Arizona’s rules of civil...more

The Renewable Resources Coalition Case: Pleading Around California’s Anti-SLAPP Statute

The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of...more

MOTIONS TO DISMISS – TEXAS ANTI-SLAPP LAW: TEX. CIV. PRAC. & REM. CODE CH. 27

On June 17, 2011, Texas Governor Rick Perry affixed his neat signature to Texas’ new anti-SLAPP law, entitled the Texas Citizens Participation Act (the “TCPA”), and in so doing Texas joined 28 states and the District of...more

Federal District Court Orders The EEOC To Pay $4.7 Million Dollars For Bringing "Groundless" Class Claims

In a recent landmark decision, a federal court in Iowa ordered the EEOC to pay an employer nearly $4.7 million in attorneys' fees and costs incurred by an employer while defending itself against class action claims brought...more

New Pleading Requirements, Expedited Actions, Dismissal of Baseless Claims, Oh My!

In response to a legislative mandate to reduce the expense and delay of litigation in smaller cases, the Texas Supreme Court promulgated new Texas Rules of Civil Procedure....more

A TCPA For The 21st Century: Why TCPA Lawsuits Are On The Rise And What The FCC Should Do About It

Litigation related to the Telephone Consumer Protection Act (TCPA) Has increased exponentially over the past several years, by more than 60 Percent by some estimates in 2012 alone. The law was written more than two decades...more

Federal Court Dismisses EEOC Title VII Disparate Impact Suit Over Alleged Discriminatory Background Checks Without Trial

On August 9, 2013, a federal district court judge in Maryland dismissed, without a trial, the Equal Employment Opportunity Commission’s (EEOC) Title VII suit against Freeman over alleged discriminatory background checks based...more

EEOC Hit With Sanctions For Frivolous Claims

Last week the Associated Press reported that the EEOC was sanctioned by a US District Court judge for $4.7million dollars. ...more

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