Legal Definitions - faint pleader

Faint pleader describes the act of presenting legal arguments, claims, or defenses in a deceptive, insincere, or collusive manner during a lawsuit. It refers to a situation where a party does not genuinely pursue their stated legal position, often because they are secretly cooperating with another party or attempting to mislead the court to achieve an ulterior, often improper, motive.

Here are a few examples to illustrate this concept:

• Example 1: Collusion in a Property Dispute

  Imagine two neighbors, Mr. Henderson and Ms. Davies, are involved in a lawsuit over the exact boundary line between their properties. They appear to be fiercely arguing their cases in court, presenting conflicting surveys and historical documents. However, they have secretly agreed that Ms. Davies will "lose" the dispute, allowing Mr. Henderson to legally claim a small strip of land. Their true, undisclosed motive is to establish a new property boundary that will block a planned public walking path, which they both oppose, and then they will privately settle the land ownership between themselves outside of court.

  Ms. Davies's "pleading" – her arguments and defense in court – is an example of a faint pleader because it is not genuine. She is pretending to defend her claim to the land but is actually colluding with Mr. Henderson to manipulate the court's decision for a shared, undisclosed purpose that benefits them both at the public's expense.

• Example 2: Fraudulent Claim for Insurance Payout

  A small business owner, facing severe financial difficulties, files a lawsuit against a former supplier. The lawsuit alleges a breach of contract and claims significant damages due to a shipment of supposedly defective raw materials. In reality, the materials were not defective, and the business owner fabricated inspection reports and exaggerated financial losses, hoping to win a large settlement from the supplier's insurance company to alleviate their own financial woes.

  The business owner's lawsuit and the claims made within it constitute a faint pleader. Their stated legal position – that the supplier breached the contract due to defective goods – is false and fraudulent. They are using the legal process deceptively to obtain money under false pretenses, rather than genuinely seeking justice for a legitimate grievance.

• Example 3: Insincere Defense to Delay Proceedings

  A large pharmaceutical corporation is sued by a former employee for wrongful termination, a claim for which the employee has substantial supporting evidence. The corporation's legal team files numerous motions to dismiss the case, requests for extensive and irrelevant discovery, and appeals every minor procedural ruling. They do this not because they genuinely believe they have a strong legal defense against the merits of the claim, but solely to delay the proceedings for years, hoping the former employee will run out of funds, patience, or both, and be forced to drop the lawsuit.

  The corporation's legal strategy, characterized by these delaying tactics and insincere defenses, exemplifies a faint pleader. Their actions are not a genuine attempt to defend against the merits of the wrongful termination claim but rather a deceptive maneuver to obstruct justice and wear down the opposing party through procedural abuse.