In a recent unpublished opinion (Cole v. Winnicki, Docket No. L-1449-11(App. Div. 2014), the New Jersey Appellate Division declined to sanction a Plaintiff who filed an action against her former firm, finding lack of evidentiary support for the claim. A claim is deemed frivolous in this context if there is no rational argument which can be advanced in support of the claim, or it is not supported by any credible evidence, or is completely untenable. If a claimant can justify a claim with any rational basis, frivolous sanctions will be denied. An analysis of the applicable law to the alleged facts is certainly before any motion for frivolous sanctions is filed.
Russell J. Fishkind, Esq. and Ronald P. Colicchio, Esq. at Saul Ewing, LLP firstname.lastname@example.org (609)452-5043 email@example.com (609)452-3133