DU legal folks help me out

[maxrandb]

Judicial Watch is once again getting a right-wing judge to demand a deposition from Hillary Clinton regarding emails.

Donnie Shit for Brains suing the NY Times.

Now, Donnie Shit for Brains suing the Washington Post.

I've never been to law school, but I thought there were rules and laws against using the legal system for intimidation, or frivolously.

Aren't there rules against using litigation as a weapon?

I know people have threatened to sue over bullshit reasons, but in most cases they don't actually file suit.

Isn't there punishment for acting in a frivolous and intimidating manner?

Is there a way to hold these folks accountable for wasting the courts time?

[rzemanfl]

1. We used to have a legal system. Now, not so much. n/t

[elleng]

2. There may be punishment, if a judge gets pissed.

[Jarqui]

5. One could get treble claimed damages for defeating frivolous crap.

Depends on the judge, etc.

Courts seem so messed up though, one can't count on anything anymore.

[The Velveteen Ocelot]

6. You don't get treble damages for filing a frivolous lawsuit,

but you can get your attorneys' fees and costs back.

[Jarqui]

12. Maybe it was via a counterclaim. Can't recall. Would have to look it up.

We filed for it in a patent dispute after we were sued.
We won the case but didn't collect all of the dough.

[The Velveteen Ocelot]

13. There are special rules for certain kinds of lawsuits.

Sometimes you can get treble damages in some kinds of commercial litigation, like patent, trademark and antitrust cases, but that has to be specified in a statute. But in cases under common law like defamation, you'll just get actual damages (and in some slander suits damages are presumed) and in a few rare cases, punitive damages.

[elleng]

10. Courts definitely messed up,

and damages for 'defamation' more than difficult cases to make.

[stillcool]

3. I'm no lawyer..

but I've heard of vexatious(?) litigation, and malicious litigation. I would think Trump would have fallen under those a long time ago.

[Jason1961]

4. Trust the process

We're more than ready for these distractions

[TruckFump]

7. Vexatious litigant

California:

Here is the definition:

Vexatious Litigant Defined:

Code Civ. Proc. § 391(b) defines a vexatious litigant as a person who does any of the following:

(1) In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing.

(2) After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined.

(3) In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.

(4) Has previously been declared to be a vexatious litigant by any state or federal court of record in any action or proceeding based upon the same or substantially similar facts, transaction, or occurrence.

https://www.stimmel-law.com/en/articles/californias-vexatious-litigant-law

The above link gives more info.

There is for 2019 a list of these litigants that goes to 82 pages.

[Locutusofborg]

8. Vexatious litigation

"Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender."
If you are interested, read here: https://en.m.wikipedia.org/wiki/Vexatious_litigation

[onenote]

9. The bar for proving a lawsuit is frivolous is very high.

Which it should be. We don't want to discourage people from seeking relief in court.

[maxrandb]

11. Thanks for the info

It sure looks like this is being done for harassment and intimidation.

Average people don't seem able to get a day in court. Maybe it's because the courts are busy with this stupid stuff.

Besides, can't the Times, Post and Clinton just say, "fuck it-it's in the country's best interest that I tell the litigants to pound sand".