Legal Definitions - sham plea

A sham plea refers to a formal legal response or defense presented in a lawsuit that appears legitimate on the surface but is actually false, made in bad faith, or intended to deceive the court or the opposing party. It is not based on a genuine belief in its truth or legal merit, but rather serves to delay proceedings, obstruct justice, or avoid genuinely addressing the legal claims.

Essentially, a sham plea is a dishonest attempt to participate in the legal process, often used as a tactic to gain an unfair advantage, prolong litigation, or force a settlement.

• Example 1: Delaying a Debt Collection

  Imagine a small business that owes a significant amount of money to a supplier. When the supplier files a lawsuit to collect the debt, the business owner files a lengthy written response (their "plea") denying the debt entirely and asserting numerous baseless counterclaims against the supplier, such as alleging the supplier delivered faulty goods or overcharged them, even though the business owner knows these claims are untrue and can be easily disproven by contracts and delivery receipts. The business owner's true intention is not to genuinely defend against the debt, but to overwhelm the supplier with legal complexities and delay the judgment, hoping the supplier will eventually give up or settle for a much smaller amount. This constitutes a sham plea because the defenses and counterclaims are fabricated and presented in bad faith.

• Example 2: Fabricated Defense in a Personal Injury Case

  Consider a driver who caused a car accident due to distracted driving. When sued by the injured party, the driver's legal team files a formal response (their "plea") claiming that the injured party was solely responsible for the accident because they were speeding, despite clear police reports and eyewitness accounts confirming the defendant's negligence and the plaintiff's adherence to traffic laws. The defense is entirely fictitious and unsupported by any credible evidence, designed solely to shift blame and avoid liability. This false and misleading defense is an example of a sham plea.

• Example 3: Misleading Response to a Copyright Infringement Claim

  A software development company is accused of copyright infringement for using proprietary code from a competitor's product. In its formal answer to the lawsuit (its "plea"), the company vehemently denies any infringement, claiming its code was developed independently and without any knowledge of the competitor's work. However, internal company emails and version control logs clearly show that their developers intentionally copied and pasted large sections of the competitor's code. This denial, despite overwhelming evidence to the contrary, is a sham plea because it is a deliberate falsehood presented to mislead the court and avoid accountability.