vexatious

(124) Often referred to as the "residual category" of abuses, (125) it encompasses the "panoply of diverse and sometimes unforeseeable circumstances in which a prosecution is conducted in such a manner as to connote unfairness or vexatiousness of such a degree that it contravenes fundamental notions of justice".

10b-5 presents a danger of vexatiousness different in degree and in kind

After several years of discontent with inferior Jewish fictions, Trilling in 1929 in "Another Jewish Problem Novel" chose Milton Waldman's The Disinherited to mock the genre: "No one who has followed the Jewish novel can miss the mean qualities that almost inevitably characterize even the best of the genre--the crabbed pathos, the niggling heroics, the stuffiness, griminess, vexatiousness, the something that is almost sordid.

With respect to vexatiousness, the district court reviewed the two actions and concluded, "1st Source's conduct in filing suit in Brazil could at worst be characterized as heavy handed.

One chief driver behind the Court's desire to avoid expanding the scope of liability under Section 10(b) and Rule 10b-5 is that private litigation under these provisions "presents a danger of vexatiousness different in degree and in kind from that which accompanies litigation in general." (95) Expanding the scope of liability under Rule 10b-5 presents more occasion for nuisance or strike suits--"meritless suits brought by class action plaintiffs' lawyers to extort settlement and attorneys' fees" (96)--a concern present only when private parties are the plaintiffs.

un-Christian tendency toward "vexatiousness." Radin, supra, at