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8 T. M. Cooley L. Rev. 657 (1991)
Vexatious and Frivolous Lawsuits: Attorney Sanctions in Michigan

handle is hein.journals/tmclr8 and id is 665 raw text is: VEXATIOUS AND FRIVOLOUS LAWSUITS: ATTORNEY SANCTIONS IN MICHIGAN I. INTRODUCTION Michigan courts have attempted to thwart vexatious' and friv- olous2 litigation by imposing attorney fees as a sanction pursuant to Michigan Court Rule 2.114,s Michigan Court Rule 7.216, and 1. Vexatious is defined as instituted without sufficient grounds, to serve solely as an annoyance to a defendant. AMERICAN HERITAGE DICTIONARY 1426 (1980). 2. Frivolous is defined as [olf little weight or importance. A pleading is 'frivolous' when it is clearly insufficient on its face, and does not controvert the material points of the opposite pleading, and is presumably interposed for mere purposes of delay or to embarrass the opponent. BLACK'S LAW DICTIONARY 601 (5th ed. 1979). 3. MICH. CT. R. 2.114 provides in part: (D) Effect of Signature. The signature of an attorney or party, whether or not the party is represented by an attorney, constitutes a certification by the signor that (1) he or she has.read the pleading (2) to the best of his or her knowledge, information, and belief formed after rea- sonable inquiry, the pleading is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of ex- isting law; and (3) the pleading is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (E) Sanctions for Violation. If a pleading is signed in violation of this rule, the court, on the motion of a party or on its own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading including reasonable attorney fees. The court may not assess punitive damages. (F) Sanctions for Frivolous Claims and Defenses. In addition to sanctions under this rule, a party pleading a frivolous claim or defense is subject to costs as provided in MCR 2.625(A)(2). The court may not assess punitive damages. 4. MICH. CT. R. 7.216 provides in part: (C) Vexatious Proceedings. (1) The Court of Appeals may, on its own initiative or the motion of any party, assess actual and punitive damages or take other disciplinary action when it deter- mines that an appeal or any of the proceedings in an appeal was vexatious because (a) the appeal was taken for purposes of hindrance or delay or without any reasonable basis for belief that there was a meritorious issue to be determined on appeal; or (b) a pleading, motion, argument, brief, document, or record filed in the case or any testimony presented in the case was grossly lacking in the requirements of propriety, violated court rules, or grossly disregarded the requirements of a fair presentation of the issues to the court. (2) Damages may not exceed actual damages and expenses incurred by the opposing party because of the vexatious appeal or proceeding, including reasonable attorney fees, and punitive damages in an added amount not exceeding the actual damages. The court may remand the case to the trial court or tribunal for a determination of actual damages. 657

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