Re: Filing of Frivolous Lawsuits?

Posted by Freedom Financial Flyer (24.26.132.55) on September 11, 2003 at 12:35:20:

In Reply to: Re: Filing of Frivolous Lawsuits? posted by Rlee from Ohio on September 10, 2003 at 23:49:51:

Rhlee -
Thanks for all your help. You gave me what I needed, and yes, you WERE on point, thanks so much.
I think I found the time barred lawsuit for frivolous filings under:


§ 173.19 Investigation and resolution of complaints.


OR
§ 2323.51 Frivolous conduct in civil actions.



(A) As used in this section:

(1) "Conduct" means any of the following:

(a) The filing of a civil action, the assertion of a claim, defense, or other position in connection with a civil action, or the taking of any other action in connection with a civil action;
(b) The filing by an inmate of a civil action or appeal against a government entity or employee, the assertion of a claim, defense or other position in connection with a civil action of that nature or the assertion of issues of law in an appeal of that nature, or the taking of any other action in connection with a civil action or appeal of that nature.

(2) "Frivolous conduct" means either of the following:
(i) It obviously serves merely to harass or maliciously injure another party to the civil action or appeal.
(ii) It is not warranted under existing law and cannot be supported by a good faith argument for an extension, modification, or reversal of existing law.

(i) The claim that is the basis of the civil action fails to state a claim or the issues of law that are the basis of the appeal fail to state any issues of law.

I think either one MIGHT apply. I have to reread these statutes one hundred and one times before I understand them.

Let me know if you have used either one of these successfully.

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