NH Law About ...: Frivolous Lawsuits and Vexatious Litigants: Read About The Law ...

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Introduction

New Hampshire has many statutes penalizing litigants who file frivolous or unnecessary lawsuits. There is also New Hampshire case law pre-dating the statutes that deals with frivolous lawsuits and the court’s equitable powers to punish litigants who bring these actions. Litigants who bring frivolous lawsuits or violate these statutes are interfering with court and judicial efficiency and, because of this, most of the relevant statutes provide for punishments for the offending party for this kind of behavior, usually requiring that party to pay court costs and reasonable attorney fees to the opposing party.

Online

Wikipedia. Vexatious litigation
"Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender."
Wikipedia. Frivolous litigation
"In law, frivolous litigation is the practice of starting or carrying on lawsuits that, due to their lack of legal merit, have little to no chance of being won."
Wikipedia. Abuse of Process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
New Hampshire Business Review. When the courts are used to ‘get even’ (May 15, 2015)
"Damages resulting from the misuse of legal process can include the attorneys’ fees and costs incurred in the defense of the action along with any losses tied to the litigation misconduct, such as the lost profits or increased costs."

Print

Local Government Law by Peter J. Loughlin
Call Number: KFN1280 .N48
ISBN: 9780327010180
Publication Date: 2011
"It is now clear that a finding of bad faith by a court will trigger the award of attorney’s fees. Bad faith may include (1) actions which are vexatious, wanton or done for oppressive reasons; or (2) if the party’s conduct can be characterized as unreasonably obdurate or obstinate; or (3) if it should have been unnecessary for the successful party to have brought the action;or (4) if a party is forced to seek judicial assistance to secure a clearly defined and established right, which should have been freely enjoyed without such intervention"
Personal Injury, Tort, and Insurance Practice by Richard B. McNamara
Call Number: KFN1280 .N48 v.8-9. 2015
Publication Date: 2015
"The general rule in New Hampshire is that each party is responsible for his own attorney’s fees, except when litigation is instituted or unnecessarily prolonged through a party’s oppressive, vexatious, arbitrary, capricious or bad faith conduct." See Section 24.03[2].
Wiebusch on New Hampshire Civil Practice and Procedure by Gordon J. MacDonald; Richard V. Wiebusch
Call Number: KFN1280 .N48
ISBN: 9781630437725
Publication Date: 2014
"Trial court rules authorize the award of reasonable costs and attorneys fees against any party whose “frivolous or unreasonable conduct” makes necessary the filing of or hearing on any motion. Discovery motions made “frivolously or for purposes of delay,” or which were necessitated by an adverse party’s action which was “frivolous or taken for purpose of delay” may also lead to an award of attorneys fees." See Sections 52.03.