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Appellate Practice

Jun. 14, 2012

Courts provide some relief for eliminating vexatious appeals

Some district courts have held that courts may impose prefiling requirements on a vexatious appellant who was a defendant in the underlying trial. By Adam Hofmann of Hanson Bridgett


By Adam Hofmann


You've really fallen into it. You have sued a vexatious litigant, and now he or she will not let you or your client go. After a protracted defense ripe with unnecessary, prolix, and often-unintelligible discovery and court filings, your client prevailed. Your client then prevailed again against a frivolous motion for a new trial, and again against a frivolous motion for JNOV, and again against a frivolous motion for reconsideration, and so on ...

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