Law Practice
Jun. 1, 2012
An object lesson in thinking twice before suing for malicious prosecution
Anti-SLAPP is a powerful tool and can bite back if you're not careful pursuing malicious prosecution claims. By Stephen Kaus of Cooper, White & Cooper LLP
Steve Kaus
Partner, Cooper, White & Cooper
No one likes to be sued. Defendants who win their cases often want to pursue a malicious prosecution suit in retribution for being sued in the first place. The desire to get even is understandable, powerful and generally wrongheaded.
There are several reasons not to sue an unsuccessful plaintiff for malicious prosecution, including the need to litigate the initial suit to a favorable termination on the merits, the difficulty of establishing that the plaintiff had no probable cau...
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