Appeals court puts the brakes on amateur litigator
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

For years, Utahn Holli Lundahl has flooded the courts with lawsuits full of "fanciful, implausible and bizarre factual assertions." At least one has cost her adversaries more than $1 million to defend.

A federal judge in Idaho already has declared her a "vexatious litigant." An appeals court in San Francisco, a federal judge in Utah, the Utah Supreme Court and the U.S. Supreme Court each has imposed restrictions on her filings.

And now, the 10th U.S. Circuit Court of Appeals in Denver has had enough.

Saying her "litigiousness has resulted in an immense waste of judicial resources," the 10th Circuit has barred Lundahl and two of her co-plaintiffs from filing new federal suits or proceeding with appeals in pending cases unless they are represented by a licensed attorney or present an affidavit discussing the legal basis for their actions.

The order, made public Thursday, singles out Lundahl as having a lengthy history of filing frivolous suits. It also accuses her of forum shopping, pointing out that she recently tried to transfer cases filed in Utah and California to a federal court in Idaho.

Court records show that Lundahl has brought more than 100 lawsuits and appeals in the federal court system since 1994. In addition, the Utah Supreme Court noted in 2003 that she had made 27 filings there in the previous four years.

The 10th Circuit's order came in a 1997 case filed in U.S. District Court in Salt Lake City by Holli, Kassi and Kelli Lundahl against dozens of individuals, companies and California and federal agencies. The court says the argument Lundahl raised in an appeal in that case are frivolous.

"Her legal claims, including antitrust claims, are virtually all meritless," the court order says. "If there is a viable argument lurking within one of the claims, it is obscured by Ms. Lundahl's litigation practices."

In addition to wasting time, Lundahl is costing defendants money, the 10th Circuit said: Eli Lilly and Co. and Advanced Cardiovascular Systems have said their legal costs in defending themselves against Lundahl's 1997 suit exceed $1 million.

pmanson@sltrib.com

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