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Malicious prosecution

New York, NY |

What recourse does a US resident have in regards to malicious prosecution and defamation filed in another country against him pertaining to (false) events alleged to occurred in the US when both parties were present in the US?

Is it required to file in the foreign country, or does the US have jurisdiction by virtue of residence or cause of action?

Attorney Answers 3


  1. You need to consult with a federal practitioner or a lawyer that practices international law.


  2. You don't give enough information. Who do you want to sue - the person who made the false report? If YES and that person lives in NY, you can sue that person in NY. However, the person can move to dismss the case on forum non convienes grounds arguing that all the witnesses are in the foreign country and therefore the case should be litigated there. NY has a 1 year statute of limitations for malicious prosecution cases. There could also be choice of law issues on which law to apply - NY or the other country. Unless you have very serious damages, I suspect that you will have a hard time getting a NY lawyer to take this case. Assuming you can, is the peson viable meaning does the person have substantial assets to collect a judgment from if you win?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.


  3. You don't give much information which would allow for an informative response, in return. As regards the "defamation filed in another country", what was the method used (newspaper, television, etc.,) if, that is what you are talking about and it was "republished" here in the U.S, that would give you a basis to sue in the U.S. , assuming of course that you can prove what was said was an actual lie. On a general note, statements made in, and as part of, a lawsuit (or even in a criminal action) are rarely actionable as they are protected by a "qualified immunity". You need to speak to an attorne with specific details to see if you have any legal basis upon which to bring an action in the first instance.

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