filing a lawsuit with the intention of creating problems for the defendant such
as costs, attorneys' fees, anguish, or distraction when there is no substantial
basis for the suit. If the defendant in the lawsuit wins and has evidence that the
suit was filed out of spite and without any legal or factual foundation, he/she
may, in turn, sue for damages against the person who filed the original action.
If malice is clearly proved against the party who brought the original suit, punitive
damages may be awarded along with special and general damages. In recent cases,
courts have ruled that an attorney who knowingly assists a client in filing a worthless
lawsuit out of malice or spite may be liable for damages along with the client.
The suit by the victim to recover damages for a malicious prosecution cannot be
filed until the original lawsuit is decided in favor of the victim.
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