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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsQuestion for our lawyers about Trump's latest lawsuit/grift and frivolous lawsuits...
Somehow I have gotten the impression that a judge can immediately dismiss a lawsuit if the plaintiff is known for filing frivolous lawsuits.
Is this correct ? Could this possibly apply to Trump's latest grift/lawsuit versus Hillary Clinton et al ?
Reference: https://democraticunderground.com/10142893311
elleng
(130,895 posts)a particular filing should itself be frivolous, so the 'known for' conclusion may add to the rationale that a particular filing is such.
steve2470
(37,457 posts)thank you !
Effete Snob
(8,387 posts)If a person becomes designated within a judicial district as what is known as a "vexatious litigant", then, yes, the court can require the litigant to obtain permission of the court before filing a civil suit.
No, Trump has not been designated as a vexatious litigant in any court system.
So, yes, your impression is correct. But, no, no such declaration has been made in relation to Trump in any court system.
For example, DUer tombstone recipient and frequent lawsuit filer Steven "Laser" Haas was ultimately deemed a vexatious litigant in the federal courts of Delaware for his obsessive filings relating to a time-barred bankruptcy claim.
In relation to this suit in particular, I'm afraid to say that while it won't get very far, it is not the kind of really crazy - like schizo bananapants crazy - thing that results in one being declared a vexatious litigant, nor has Trump filed the volume of litigation in the Florida federal courts that results in a vexatious litigant designation.
The designation of vexatious litigant is really reserved for behavior that is typically incoherent ranting filed by people who need help well beyond the type that a court is equipped to provide, and which has been variously deemed "querulent paranoia" in the psych literature.
steve2470
(37,457 posts)Samrob
(4,298 posts)Effete Snob
(8,387 posts)I was providing background on the type of extreme behavior that gets one designated a vexatious litigant.
This is actually a subject of interest to me for a couple of reasons, and I recently read this article:
Psychotherapy and Psychosomatics
Embitterment and Posttraumatic Embitterment Disorder (PTED): An Old, Frequent, and Still Underrecognized Problem
https://www.karger.com/Article/FullText/511468
"Embitterment is an emotion which is known to everybody. Similar to anxiety, nobody needs a textbook to understand embitterment. It is a response to injustice, humiliation, and breach of trust. There is the nagging wish to undo what happened, reinstate justice, get even, and take revenge. The psychoanalyst Alexander described embitterment as a masochistic defense reaction, as the affected individual continues to fight while accepting the self-destruction associated with embitterment. Embitterment can lead to dysfunctional behavior like social withdrawal, phobic avoidance, aggression, suicidality, and prolonged legal battles."
There is also a Wikipedia article of interest.
https://en.wikipedia.org/wiki/Querulant
In the legal profession and courts, a querulant (from the Latin querulus - "complaining" ) is a person who obsessively feels wronged, particularly about minor causes of action. In particular the term is used for those who repeatedly petition authorities or pursue legal actions based on manifestly unfounded grounds. These applications include in particular complaints about petty offenses.
Querulant behavior is to be distinguished from either the obsessive pursuit of justice regarding major injustices, or the proportionate, reasonable, pursuit of justice regarding minor grievances. According to Mullen and Lester, the life of the querulant individual becomes consumed by their personal pursuit of justice in relation to minor grievances.
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Those are the kinds of people who graduate to "vexatious litigant".
Mike Lindell might come close if he tries a little harder.
Effete Snob
(8,387 posts)Here is a link to the Vexatious Litigant List of the California Superior Court, along with information about how to become one:
https://www.courts.ca.gov/12272.htm
Another class of classic vexatious litigants are the Sovereign Citizen types, who file nuisance suits against public officials based on their nutty legal theories, in a tactic described as "paper terrorism".
LetMyPeopleVote
(145,168 posts)The legal concept is "vexatious litigant". This lawsuit is really bad and TFG is on his way to becoming classified as a vexatious litigant.
I am laughing at the attorneys who brought this lawsuit. TFG had to get some really bad attorneys to file this lawuit
This lawsuit is a joke and the attorneys who filed it are not even third tier attorneys. TFG could get an attorney he knew in High School to file this amusing lawsuit
Link to tweet
Link to tweet
In addition, this idiot is involved
Link to tweet
Link to tweet
bluestarone
(16,926 posts)The exact number of lawsuits THIS SOB has filed?