Trusts and Estates

Ca. Trs. & Estates Quarterly 2021, Volume 27, Issue 2

WEAPONIZING THE LITIGATION PROCESS – WHEN LITIGATION RESULTS IN THE TAKING OF HOSTAGES

By Hon. Reva Goetz (Ret.) *

MCLE Article

I. INTRODUCTION

Trusts and estates cases can be in existence for years or even decades. Given the myriad of issues raised in each case, one can very easily keep litigation going, which makes them ripe for litigation abuse. However, the remedies preventing a party from "weaponizing" litigation are sorely lacking, except in very limited, specific circumstances.

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