The frivolous litigation statute, N.J.S.A. 2A:15-59.1, authorize sanctions including reasonable attorney fees, and costs, against any party to a probate lawsuit.- A case is deemed “frivolous” when 1) “no rational argument can be advanced in its support, or 2) it is not supported by any credible evidence, or it is completely unsupported.”
If you win your case or successfully defend a case after being sued by a frivolous plaintiff, the frivolous litigation statute provides that a prevailing party:
“In a civil action, either as [a] plaintiff or defendant, against any other party may be awarded all reasonable litigation costs and reasonable attorney fees, if the judge finds at any time during the proceedings or upon judgment that a complaint, counterclaim, cross-claim or defense of the non-prevailing person was frivolous.”
[N.J.S.A. 2A:15-59.1(a)(1).]To find that a party’s legal action to be frivolous:
[T]he judge must find on the basis of the pleadings, discovery, or the evidence presented that either: (1) The complaint, counterclaim, cross-claim or defense was commenced, used or continued in bad faith, solely for the purpose of harassment, delay or malicious injury; or (2) The non-prevailing party knew, or should have known, that the complaint, counterclaim, cross-claim or defense was without any reasonable basis in law or equity and could not be supported by a good faith argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b).]How to Make a Frivolous Claim Against a Party
New Jersey Court Rule 1:4-8 sets forth the procedural requirements (often referred to as safe harbor provisions) to make a frivolous claim. “One of the obligations of a party who intends to seek an award based on frivolous litigation is service of a written notice and demand that, among other things, sets forth ‘with specificity’ the basis for his or her belief that the lawsuit is frivolous.” “The notice must be sufficiently specific and detailed to provide an opportunity to ‘withdraw the asserted offending case.'”
“Sanctions are not easy to come by. . . .” A trial judge’s decision to approve or deny an application for frivolous litigation sanctions for abuse of discretion will be reversed only if the judge did not appropriately consider all relevant factors or the decision was based upon irrelevant or inappropriate factors amounting to a clear mistake in judgment.
“Where a lawsuit participant has [a] reasonable and good faith belief in the merit(s) of their case, attorney’s fees will not be awarded.”
However, “continued prosecution of a claim or defense based on facts coming to be known to a party after the filing of the initial pleading can be sanctioned as baseless or frivolous even if the
initial reason for the claim or defense was not.” [Zahabian, 407 N.J. Super. At 394.]
If you are looking for additional details on this topic or if you require advice about your situation, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Probate Litigation Attorney