Understanding Vexatious Litigation

Vexatious litigation is a lawsuit or court action initiated without sufficient grounds by a person, individual or business establishment, and who is not acting in good faith. It is initiated maliciously for the purpose of annoying or embarrassing an opponent or just merely to harass or subdue an adversary. Beware of this type of contractors, subcontractors, artisans and personalities.

The American justice system permits individuals, persons, even business establishments, companies and corporations to file civil court cases or lawsuits to seek redress, compensation, reimbursement, reparation for injuries believe to be committed by a defendant. However, such cases are represented by probable cause and sufficient grounds.

Any civil court proceeding that is not likely to lead to any practical result can always be classified as vexatious litigation. Generally, such court proceeding is regarded as frivolous and will ultimately lead to the dismissal of the action by the court.

A defendant, who has been subjected to a vexatious litigation, may sue the plaintiff or claimant for malicious prosecution, to seek for damages for any costs and injuries associated with the original vexatious litigation or lawsuit.

VEXATIOUS LITIGATION THROUGH INCITEMENT

Vexatious litigation are often results when an attorney, a pro se litigant or propria persona or a person representing himself without an attorney, frequently files groundless lawsuits but continuously loses. Under the Common Law, the frequent incitement or stimulation and encouragement of such vexatious lawsuits by an attorney can constitute the crime of Barratry. However, in modern law, Barratry is viewed as an archaic and ancient crime and is now rarely enforced.

Today, Attorneys who encourage vexatious litigation can be subjected to disciplinary action for violating the rules of professional conduct. The lawyer can or may be suspended from the Practice of Law or worst, can even be disbarred.

COURT ACTIONS ON VEXATIOUS LITIGANTS

Sometimes propria persona litigants who have lost their initial lawsuits continue to file new legal actions by using the merits of the disputes contained in the original suit. But the judgment brought down by small courts on the original case is dispositive and something that settles a conflict or resolves a situation once and for all, the court will ultimately dismiss these new actions.

The court may issue an order forbidding the propria persona litigant to file any new actions without permission of the court. This order is often supported by grounds to avoid the expenditure of court resources and the cost associated with the defendant’s defense for repeated frivolous claims.

FILING A COUNTER LAWSUIT AGAINST THE VEXATIOUS LITIGANT

Vexatious litigation is a type of malicious prosecution that enables the defendant to file a tort action or claim for damages against the plaintiff.
A plaintiff (formerly defendant in the vexatious lawsuit) in a malicious prosecution must prove the following;

1. That a legal proceeding or multiple proceedings were instituted by the defendant
2. That the original proceeding was terminated in favor of the plaintiff
3. The plaintiff shall also prove that there was no probable cause for the original proceeding
4. That malice motivated the defendant, having a primary purpose of harassment rather than bringing the original action for just compensation

A plaintiff in such civil suit can recover the expenses incurred in defending the original vexatious litigation or suits, as well as resulting financial loss or injury. A plaintiff may also claim for damages for mental suffering of a kind that would normally be expected to follow or result from the original vexatious litigation.