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Wrong person sued. Compensation?

Nevada |

If a person is sued by a company, but he has informed the company that he is not the person they think he is, and the company goes through with the lawsuit...(run-on sentence)
Then the person shows the judge that he isn't the person and the judge dismisses the case.
Can this person then countersue for court costs, lawyer fees and more compensation?

Attorney Answers 1

Posted

If it is a good faith mistake, no. If it was intentional, for example if you brought the error to their attention in writing and they still refused to dismiss you, you might be able to get your costs and actual fees if NV has a "frivolous suit" rule or statute.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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Posted

Why can a company be sued for their coffee being too hot or some other "good faith mistake" but a sloppy lawyer who doesn't do his job correctly can cause all the "pain and suffering" he wants?