Who decides if a lawsuit is frivolous and what makes it frivolous?
The answer would vary by jurisdiction. In the jurisdiction I’m most familiar with, the Judge would decide after the case is over if one side was frivolous in pursuing the lawsuit. The winner would make an application to have the loser pay the winners attorney fees, and the Judge would grant the request if the losing side is deemed to have been frivolous. As to a definition for “frivolous”, this would be on a case-by-case basis, based on the Judge’s opinion as to whether the party had any reasonable basis for pursuing the lawsuit.
