Kahn v. Cundiff

This case concerns the conditions under which a party or his attorney may be ordered to pay fees and costs to an opposing party for having filed or pursued a frivolous, groundless, or unreasonable claim.

Attorney Stanley Kahn filed a tort action on behalf of clients who were injured when the car in which they were passengers was sideswiped by a vehicle driven by Rachel Cundiff. Kahn sued both Rachel Cundiff and her husband Larry Cundiff, in whose name the car was titled. Kahn resisted Larry Cundiff's motion to dismiss for failure to state a claim and his motion for a judgment on the pleadings.…