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If it's truly frivolous, a motion to dismiss or motion for summary judgement should be discussed with his attorney. If he wants to play hardball, attaching a motion for sanctions and/or attorney fees is a strong tactical move if the facts and case law support his position. Be advised though, plenty of attorneys don't really want to settle cases until they've had the opportunity to milk(cough), I mean, work them up completely.

(I'm not a lawyer, and I don't play one on TV)
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