Nuisance litigants need not be people, they can be businesses.
Consider the not very pretty career of RightHaven
https://groups.yahoo.com/neo/groups/Net-Gold/search/messages?query=righthaven
OR
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ALSO
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It is not correct that all nuisance litagators are people unjustly
deprived of their rights, that, however, is true, I am sure, in many
cases.
.
Sincerely,
David Dillard
Temple University
(215) 204 - 4584
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On Thu, 13 Feb 2014, Liz Oliver wrote:
>
>
>
> From the perspective of the English legal system – there is the concept of a ‘vexatious litigant’
>
>
>
> This describes a person who repeatedly initiates legal proceedings against others, where the legal claims that he or she makes have little reasonable prospect of
> success.
>
>
>
> It is possible (following the correct process) for a court order to be made to prevent a vexatious litigant from instituting proceedings without first getting leave
> from a judge.
>
>
>
> See For example
>
> s 42 of the Senior Courts Act 1981: http://www.legislation.gov.uk/ukpga/1981/54/section/42
>
> s 33 of the Employment Tribunals Act 1996: http://www.legislation.gov.uk/ukpga/1996/17/section/33
>
>
>
>
>
>
>
>
>
> From: The Disability-Research Discussion List [mailto:[log in to unmask]] On Behalf Of Paul Reynolds
> Sent: 13 February 2014 16:53
> To: [log in to unmask]
> Subject: Re: Nuisance litigants?
>
>
>
> I would echo that caution - that what might be happening is the claim of an association without any – as far as I know – studies establishing any prevalence,
> incidence or correlation as to any linkage, even with the proviso that studies that establish autism per se do not have a problem with their medicalising pedagogy.
>
>
>
> My understanding of nuisance litigants is more cultural, in relation to nuisance ligation, and I have seen it used to describe the emerging culture in the US of most
> disagreements falling under legal rubric and being perpetuated by legal professionals, with either some litigants becoming ‘professional’ in their claims and in
> being brought off with settlements, and the judicial system being flooded with cases that reflect the normalisation of legal recourse as opposed to any other
> practices. The prevalence of minor claims legal adverts on British TV suggests this is another lamentable export from the US, and has no credible association with
> any disability discourse. Thank god the French export wine and cheese……………
>
>
>
> Paul
>
>
>
> Paul Reynolds
>
> Reader in Sociology and Social Philosophy
>
> Programme Leader, Sociology
>
> Edge Hill University
>
> St Helens Road,
>
> Ormskirk, Lancs L39 4QP
>
> 01695584370
>
> [log in to unmask]
>
>
>
> INSEP - http://www.insep.ugent.be/
>
> Cultural Difference and Social Solidarity Network – http://differenceandsolidarity.org/
>
> Historical Materialism - http://www.historicalmaterialism.org/
>
> Making Democracy - http://arts.brighton.ac.uk/research/cappe/making-democracy-network
>
>
>
> From: The Disability-Research Discussion List [mailto:[log in to unmask]] On Behalf Of Damian Milton
> Sent: 13 February 2014 16:14
> To: [log in to unmask]
> Subject: Re: Nuisance litigants?
>
>
>
> My 'head is spinning' after reading that! The pathologising of autistic perceptions of injustice - this is more to do with mismatched saliences (see my work on 'the
> double empathy problem'). When people tried to 'assist him' (mmm...). Not heard of 'nuisance litigant' before, but it makes me feel nauseous as a term. Makes me
> think it will be applied to parents of autistic children fighting SEN tribunals and so on.
>
>
>
> Garghegerhagh...
>
>
>
> Damian
>
>
>
> On Thursday, 13 February 2014, 15:58, Barry Murphy <[log in to unmask]> wrote:
>
> Hi all,
>
> I was wondering if had heard of the term 'nuisance litigant'?
>
> It has come up in relation to autism spectrum disorder, but I'm wondering if anyone had heard the term more generally in the disability literature?
>
> Seemingly, it's where be a person becomes obsessed with a legal challenge, can't see any other point of view, firmly believes they are 'right', unaware that others
> are not interested in the story, goes on and on about the case.
>
> I realise that on its own this could describe a lot of people taking legal action. However, this along with other behaviours, has been suggestive of a person's
> experience of Asperger's syndrome.
>
> Some of the forensic literature suggests this is an area where people on the autism spectrum might come into contact with services for behaviour reasons and as such
> their actions might not be seen as 'nuisance litigant', but rather symptomatic of their diagnosis.
>
>
>
> Forensic aspects of Asperger’s Syndrome http://www.tekorowaiwhariki.org.nz/file/Aspergers-and-Forensic.pdf
>
>
>
>
>
>
>
> This man had repeatedly come before the courts for charges of public nuisance and minor assaults. He was also charged with stalking, having harassed and intruded on
> those with whom he had become fixated. These victims were professionals who had been involved in his care. He would contact them over the phone repeatedly, turn up
> and write numerous letters. The letters usually began with a request for help and extended self revelation but degenerated into threats.
>
>
>
> ~~
>
>
>
> The charges of public nuisance and minor assaults related to episodes where he had become stuck and members of the public had tried to assist him. The stalking was
> related to his obsessionality and development of rigid routine. Therefore when introduced to a new professional he would quickly identify with them and would find
> himself unable to accept the limits or the loss of professionals when these were imposed upon him.
>
>
>
> Any thoughts would be appreciated. I've done extensive Googling and searching without much success other than general litigation, the environment, etc.
>
> Kind regards,
>
> Barry Murphy
>
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