Unique tools to deal with abusive litigants
The cost of litigating cases in federal court continues to increase, especially when litigants insist on quixotic quests to pursue fruitless claims. In such circumstances, federal law authorizes courts to shift the costs of litigation onto the attorney and/or party responsible for unreasonably and vexatiously increasing the costs of litigation. The applicable statute reads as follows:
Any attorney or other person admitted to conduct cases in any court of the United States or any Territory thereof who so multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorneys’ fees reasonably incurred because of such conduct.
28 U.S.C. § 1927. Our firm has used this statute to secure fees and costs for clients forced to litigate frivolous and unreasonable claims in federal court. This statute is a powerful and effective tool to prevent abusive litigation tactics.