What is a frivolous lawsuit? In New Jersey, it means a case that has no legal merit and/or is not supported by any credible evidence. Unfortunately, lawyers sometimes have to defend “junk claims.”
My client was a respected contractor that had never been in court. But it was sued for damage to a property 2 doors down from a house it built 8 years ago. It was late in the case and I was able to look at the other side’s evidence. It was clear that my client did nothing wrong.
So why was it sued anyway? To get another source to contribute money to a settlement. I sent out demand letters for the lawyers to drop the case and also applied to the Court to dismiss it. If a judge decides that a claim is frivolous, he or she can award legal fees against the lawyer who filed the case as well as the client. Faced with this possibility, all claims against my client were dropped. It took less than 30 days.