§ 9.001.Definitions

Four definitions, and the third is the one litigation is fought over.

"Groundless" means no basis in fact, or not warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law.

Two independent limbs, and a pleading fails only if it fails both. A claim with weak facts but a sound legal theory is not groundless; neither is a novel legal argument supported by real evidence.

The second limb protects the argument for change. A contention that existing law should be extended, modified, or reversed is not groundless where it is made in good faith — which is what keeps a sanctions chapter from freezing the common law.

"Claimant" is drawn to include every posture from which damages are sought: a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, or intervenor.

It then goes further. Where a party seeks damages for injury to another person, damage to another person’s property, death, or other harm to another person, the claimant includes both the injured person and the party seeking recovery.

That reaches the represented party in a wrongful death or a guardian’s suit, so the chapter is not confined to whoever signed the petition.

"Defendant" is the mirror image — a party from whom a claimant seeks relief, including a counterdefendant, cross-defendant, or third-party defendant.

"Pleading" includes a motion, which matters because the certification section speaks only of pleadings.