- Joined
- Dec 28, 2014
While the phrase "bad faith" is still sometimes used, that's not generally the standard for frivolous or vexatious litigation any more. The real standard is objective unreasonableness. The reason is that most vexatious litigants, like Russhole, can claim that they're actually retarded and believe the bullshit they're saying. In practice, it was virtually impossible to prove actual "bad faith," i.e. knowing your arguments were absolute nonsense but advancing them anyway. Most mentally ill litigants like Russhole are absolutely convinced of their righteousness.When the judge explained why it was found in bad faith, legal genius Greer kept insisting he filed it with good intentions. The judge had to basically explain his intentions don't mean shit and bad faith is a legal term.
It's actually somewhat incorrect for the judge to have used "bad faith" language when a different standard applies, but a lot of judges are boomers from when that actually was the standard and still sling that kind of verbiage around.
In any event, there's no longer a lunatic license where by being an insane retard, you get to file vexatious lawsuits all the time because nobody can prove you knew they were bullshit.
I'll note we actually have a special situation with Russhole, where he routinely admits his lawsuits are in fact filed in bad faith, but that's not most of the vexatious litigants out there. Russhole is just profoundly retarded even by the standards of such nuts.