Courts generally presume that a lawsuit has been filed in good faith, and a party moving for sanctions against the party who filed a lawsuit or claim must overcome this presumption to prove abuse of the judicial process. Thus, courts distinguish between (1) claims that are ultimately found to be merely groundless (and thus not sanctionable) and (2) claims that are ultimately found to be both groundless and brought in bad faith or for the purpose of harassment (and thus sanctionable). The sanctions rules generally do not require a party or its attorney to be right; they require the party or its attorney to make a reasonable inquiry into the facts and the laws related to the claims.
Contempt of court is broadly defined as disobedience to or disrespect of a court by acting in opposition to its authority. Contempt of court may be punished by the court with civil and criminal sanctions or penalties.
In Louisiana, as in other jurisdictions, there is a legal presumption that lawsuits are filed in good faith. For a party to face sanctions for filing a lawsuit, the opposing party must demonstrate that the lawsuit constitutes an abuse of the judicial process. This means showing that the claim was not only without merit but also filed with malicious intent, such as to harass the other party. Louisiana law requires that attorneys and parties conduct a reasonable investigation into the facts and applicable laws before filing claims. This does not mean they have to be correct in their legal theories or predictions of how a court might rule, but they must be reasonable in their efforts to determine the validity of their claims. Regarding contempt of court, Louisiana recognizes this as an act of disobedience or disrespect towards the court's authority. Contempt can result in civil or criminal penalties, depending on the nature of the contemptuous behavior and the court's determination of an appropriate response.