Can i counter sue for a frivolous lawsuit

Scott Peter A. Davidson Jeffrey R. Glassman Pooja S. Nair Peter S. Selvin Gary Q. Michel Kenneth A. Luer Byron Z. Moldo Geoffrey M. Gold Yasmin Azodi Julie R. Zaligson Banu Naraghi Catherine A. Veeneman Jared W. Naberhaus says Florida sets the bar high for winning such a lawsuit, requiring the plaintiff to prove that a claim clearly lacks factual or legal merit and was brought or continued with malice.

He adds that even if a party can prove that the opposing party was partially motivated by malice, so long as the underlying claim involves a bona fide legal dispute, the party would not have a claim for malicious prosecution. Realizing that malicious prosecution claims could flood the courts and themselves be frivolous, the courts have set the bar high, placing several procedural hurdles such as requiring an adverse outcome in the underlying litigation.

Lawyers and their clients also have relied on the litigation privilege as a defense when they are sued for malicious prosecution. Taken to its extreme, the litigation privilege would seem to bar almost all malicious prosecution claims. But the litigation privilege has limits, according to a January ruling by the First District Court of Appeal of Florida. David Pearson, involves a condo association and unit owner. The condo association foreclosed on an owner and continued the litigation for more than a year after being aware there was no valid cause of action.

Do not agree to any claims or give something without checking with your attorney. Work on the assumption that the litigator will try to intimidate you by lying and adding untrue facts to the situation. Also, know that bringing a lawsuit and proving the claim are two different things in court. Very often, a wise option is to settle out of court by apologizing or offering a small compensation to resolve the issue even if you were not at fault.

When someone is threatening you with an illegal lawsuit, remember that with the right legal representation, your rights will be protected. How to Stop a Frivolous Lawsuit and Deal With Litigious People Finding yourself or your business in a situation in which you are wondering exactly how to stop a frivolous lawsuit is unfortunately becoming a common occurrence.

What is a Frivolous Lawsuit? An obese customer suing a restaurant because of the small size of the booths. A client or shopper suing the store to claim compensation for a false or exaggerated injury. A thief breaking into a house suing the owners because he tripped over a wire and hurt himself.

A convicted murderer suing his hostages because they escaped when he fell asleep. I said this was unreasonable and I would not do that. I sent him a signed and written agreement based on the previously mentioned payment breakdown, and told him that it was all I could promise to do every month.

Some months are very lean, and some months are much better. Some stretches are very consistent and some stretches are much harder to find a job. Still it was not enough. Anyways, after sending him that agreement, I received a notice from a lawfirm representing my ex that I was being sued for fraud, demanding the full amount back. He has spent his time since we broke up harassing my friends.

I also found out his new girlfriend is very well off and is bankrolling his lawsuit. Could this be considered frivolous? We never had ANY agreement in place regarding me ever paying him back when he gave me that money. I had offered to pay him back because it was the right thing to do, but that was not a condition on him buying me those things, nor was it discussed until after we had broken up. In fact, a couple times in the relationship I offered to sell the car and he vehemently said not to do that.

Do I have a case to countersue, assuming I win the initial case? Hi, Kenzie. If your ex-boyfriend gave you money and a car with no contract or agreement to pay it back, and if he received nothing in return, it is a gift.

However, this is complicated by the payment plan you drafted. If you need assistance, please feel free to use the Enjuris law firm directory to find an attorney who can review your case. The tow company came to pick up the RV. The owner of the RV refused to pay for services rendered. The plaintiffs lawyer has yet to drop the suit against me.

They have confirmed over the phone that I had nothing to do with it. It has caused me mental distress. Can I sue for malicious prosecution? If the plaintiff has sued the wrong party, getting the case dismissed should be relatively easy and will save you a lot of trouble. In many cases, the plaintiff is responsible for paying these attorneys fees. The plaintiff got my information form the county clerks office but the clerk gave the plaintiff the wrong information. My bus broke down on a highway a few days prior to the date the defendants RV broke down on that same highway.

I hired a lawyer in Connecticut and he got it taken care of. Thank you for your help! From Oregon Hello I was sued for adverse possession in I won the lawsuit with prejudice. The plaintiff then appealed. After two appeals it ended finally December 30th of Directly after losing the appeal he filed another lawsuit against me claiming that the very same land he previously claimed was his own was now owned by the public in the form of a public right of way. He is now suing me for blocking a public right of way and elder abuse as well as trespassing.

I consider this financial abuse and miss use of the law?? Hello, Baba. This sounds like a complicated situation. However, it seems like perhaps the plaintiff is suing you on a different cause of action. How the court would handle this will depend on the facts around each of these causes of action. Best of luck. From New Well was t really frivolous. But unjust I had taught all day. Got home picked up our kids … the call came in from the library..?

Told me to travel to hospital an hour away I lived 5 mi utes from university hospital.. It know where he died!!!! A couple weeks later … a man came to our door. The police sued me. Now the defendant for 10 million dollars the cop with a history went home that night he was airlifted to the hospital near my home I never heard from my lawyers again I was threatened by police to say nothing. Failing in civic responsibility and yielding to police car.

I never had a day I. Court lawyers sold me out I had to pay all our insurance to the killer cop. I got not a penny. Who cared? No one. I had to pay the cop who killed my husband. He got away with negligent murder.

He had power prestige and county lawyers no match for working class. No one cared. I called sl sharp ton. ACLU all Congress. Hillary Clinton.