Also known as: wanton · unnecessary · wanton infliction
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that is reckless or malicious and lacks any legitimate justification or purpose. Such conduct inflicts harm or imposes burdens gratuitously.
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Willow Walker, representing a client in a contract dispute, files a motion to compel discovery on issues already resolved in prior proceedings solely to burden the opposing party with extra costs. The court finds the filing wanton and unnecessary under the certification requirements and imposes sanctions.
Wade Watson, an unmarried biological father who has never visited or supported his child, refuses consent to adoption by the mother's new spouse even though he has shown no parental responsibility. The court waives consent as wanton and unnecessary given the child's best interests.
Winston Ward applies for a zoning variance claiming unnecessary hardship from a minor setback rule, though the restriction causes no real difficulty and the request would benefit only his parcel. The board denies the application because the claimed hardship is wanton and unnecessary.
Willa Whitman, convicted of a federal offense, faces repeated continuances requested by the government without any legitimate reason. The court orders immediate sentencing to avoid wanton and unnecessary delay in imposing the sentence.
Wallace Webb pushes Wyatt Wilson, a blind pedestrian, out of the path of an oncoming vehicle using minimal force that causes a minor fall. The action is not wanton and unnecessary because it prevents greater harm, so no liability arises.
Warwick Electronics, after receiving a proper request to waive service of process, forces the plaintiff to incur the full expense of formal service without any justification. The court finds the refusal wanton and unnecessary and shifts the costs to the defendant.
Conduct qualifies when it inflicts pain gratuitously after the prisoner has been subdued and poses no threat. Courts examine whether the pain serves any penological purpose or instead reflects malice or recklessness.
A parent's withholding of consent becomes wanton and unnecessary when it lacks any manifestation of parental responsibility and conflicts with the child's best interests. Courts may then waive consent after notice and hearing.
…for the procedure. The statute, therefore, cannot survive the constitutional attack made upon it here. This conclusion makes it unnecessary for us to consider the additional challenge to the Texas statute asserted on grounds of vagueness. See United States v. Vuitch , 402 U.S., at 67-72. To summarize and to repeat: 1. A…