Frivolous lawsuits are those filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims. Frivolous lawsuits waste time, money, and judicial resources, and fines and/or sanctions may be imposed upon a party or their attorney for filing such a claim.
Frivolous lawsuits may be filed for purposes of harassment or coercion, such as to coerce the defendant into paying more or accepting less money than is rightfully due. They may be filed due to lack of due diligence by an attorney in investigating a client’s claim, or other reasons. Generally, the defendant must win the lawsuit before seeking a remedy for the frivolous claim.