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· 4/13/1998

Richard A. LIVINGSTON, Plaintiff-Appellant, v. ADIRONDACK BEVERAGE COMPANY, Defendant-Appellee

Citations

  • 141 F.3d 434
  • 1998 U.S. App. LEXIS 7359
  • 73 Empl. Prac. Dec. (CCH) 45,298
  • 76 Fair Empl. Prac. Cas. (BNA) 1028
  • 1998 WL 169916

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that a claim is frivolous if it “is based on an indisputably meritless legal theory”
  • noting that courts may consider “whether the employer encouraged the employee to consult an attorney” when conducting the “totality of the circumstances” test
  • explaining that dismissal is proper where complaint’s factual allegations are “the product of delusion or fantasy” (internal quotation marks omitted)
  • noting that § 1915(e) “mandate[s] that a district court ‘shall dismiss the case’ if the court determines that the action is frivolous or malicious” (emphasis in original)
  • explaining that actions are frivolous when they rest on “factual contentions [that] are clearly baseless, such as when allegations are the product of delusion or fantasy” (internal quotation marks and citation omitted)
  • explaining that actions are frivolous when they rest on “factual contentions [that] are clearly baseless, such as when allegations are the product of delusion or fantasy” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Cardamone, McLaughlin, Conner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.