Also known as: frivolously · frivolity · frivolousness · frivolous claim · frivolous suit
Written by attorneys · grounded in primary & secondary sources — see below
A claim, defense, argument, or motion lacking any reasonable basis in law or fact. The standard bars filings that rest on speculation, conjecture, or theories unsupported by precedent or evidence while permitting good-faith contentions for extension or modification of existing law.
Francesca Fowler asked her lawyer to sue a major-label artist for infringement because both songs used the same four-chord progression and romantic-loss theme. The lawyer reviewed the works, found no identical lyrics or melodies, and confirmed that every circuit requires substantial similarity of protectable expression plus proof of access. Filing the complaint would assert a claim without a nonfrivolous basis in law or fact.
Fumiko Fujimoto sued Fulton Shipping alleging underpayment and added counts accusing the company of industrial espionage based only on unverified social-media posts. At the pretrial conference the court reviewed the pleadings and eliminated the espionage allegations because they rested on conjecture rather than evidence. The remaining contract claims proceeded after simplification of the issues.
Select any source to read its text and confirm it supports the definition.
Fernando Farrell served requests for production demanding every email and lab notebook from all divisions of Ferrum Metals over five years in a misappropriation case. Counsel certified the requests as proportional without investigating narrower alternatives that could capture the same data. The court found the certification unsupported and imposed sanctions for the frivolous breadth.
Felicia Fuentes challenged a state apportionment statute as violating the Fourteenth Amendment and sought declaratory relief. The complaint alleged concrete vote-dilution injuries traceable to the 1901 district lines. The district court retained jurisdiction because the constitutional claim was not wholly insubstantial or devoid of merit.
Fatima Flores sued federal narcotics agents for warrantless entry and seizure, seeking damages directly under the Fourth Amendment. No statute expressly authorized the remedy. The court held that the constitutional claim was not frivolous and therefore supported federal-question jurisdiction even though the merits of an implied cause of action remained open.
Fiona Foster appealed a state unemployment-compensation tax assessed against its out-of-state operations. The company had already lost two identical challenges in the Supreme Court. The renewed appeal was dismissed as patently frivolous because the constitutional objection had been twice rejected on the merits.
A claim is frivolous if it lacks any basis in law and fact that is not frivolous, including good-faith arguments for extension or reversal of existing law. The standard is objective and measured at the time of filing. Criminal-defense counsel may still require the prosecution to prove every element even when the defense theory is weak.
Supporting sources
No. Jurisdiction exists when the complaint asserts a right to relief directly under the Constitution or federal law and the claim is not wholly insubstantial or frivolous. Whether an implied cause of action should be recognized is a merits question, not a jurisdictional one.
Supporting sources
Yes. Rule 16(c)(2)(A) expressly authorizes the court to formulate and simplify issues and to eliminate frivolous claims or defenses. The power applies to speculative or unsupported allegations that would waste judicial resources if left in the case.
Supporting sources
…without merit are sufficient. Consequently that part of this appeal which again seeks to raise the question seems so patently frivolous as to make the case a fit candidate for dismissal. Fay v. Crozer , 217 U. S. 455. Nor is the further ground advanced on this appeal, that the State of Washington has denied appellant due…