Hustler Magazine, Inc. Falwell (1988)
Filing a lawsuit with the knowledge that it has no legal basis, with its purpose to bother, annoy, embarrass and cause legal expenses to the defendant. vexatious litigation includes continuing a lawsuit after discovery of the facts shows it has absolutely no merit. upon judgment for the defendant, he/she has the right to file a suit for “malicious prosecution” against the original vexatious plaintiff. moreover, most states allow a judge to penalize with sanctions a plaintiff and his/her attorney for filing or continuing a “frivolous” legal action (money award to the defendant for the trouble and/or attorney fees).
