Legal Definitions - sham pleading

In legal contexts, a sham pleading refers to a formal written statement filed with a court (such as a complaint, answer, or motion) that appears legitimate on its surface but is actually false, frivolous, or intended to deceive. It lacks a genuine legal or factual basis and is often filed for an improper purpose, such as to delay proceedings, harass an opposing party, or avoid a legitimate legal challenge. Courts have the authority to strike or dismiss such pleadings.

Here are some examples to illustrate this concept:

• Example 1: Fabricated Facts to Delay

  Imagine a company, "Tech Innovations Inc.," is being sued by a former employee for unpaid wages. To delay the lawsuit and avoid paying, Tech Innovations files an "Answer" (a type of pleading) claiming that the employee never actually worked for them, despite clear employment records and payroll stubs proving otherwise. The company knows these claims are entirely false but hopes to force the employee to spend more time and money proving their employment, thereby prolonging the case.

  This illustrates a sham pleading because Tech Innovations' answer presents a defense that is demonstrably untrue and is filed with the improper purpose of delaying justice rather than genuinely disputing the claim.

• Example 2: Repeated, Meritless Filings

  Consider a homeowner facing foreclosure. The homeowner, advised by an unscrupulous consultant, repeatedly files identical "motions to dismiss" the foreclosure case, each time making the same arguments that have already been reviewed and rejected by the court. The homeowner knows these motions have no legal merit and will be denied again, but their sole purpose is to exhaust the bank's resources and delay the inevitable foreclosure sale for as long as possible.

  This illustrates a sham pleading because the repeated motions, though formally filed, lack any new or valid legal basis and are used solely as a tactic to obstruct and delay the legal process.

• Example 3: Baseless Claims for Harassment

  Suppose a disgruntled former business partner, "Mr. Smith," files a lawsuit against his ex-partner, "Ms. Jones," alleging that Ms. Jones "thought bad thoughts" about him, causing him emotional distress. Mr. Smith demands a large sum of money. There is no recognized legal cause of action for "bad thoughts," and Mr. Smith's attorney knows this. The lawsuit is filed purely out of malice and a desire to harass Ms. Jones, forcing her to incur legal fees to defend against a baseless claim.

  This illustrates a sham pleading because the complaint, while a formal legal document, asserts a claim that has no foundation in law and is brought for an improper purpose (harassment) rather than to seek legitimate legal redress.