Hi, I am a lawyer and I took on a case for a client that was in pro per. It is a handicap access case. The plaintiff firm/clients sue repeatedly and mostly get settlements. The client filed countersuits for abuse of process, unfair business practices, etc. These COA's are clearly subject to the litigation privilege. The other side wants me to dismiss the countersuits or they will demur and go for malicious prosecut. Is there any reason I shouldn't dismiss the counter suit? Could I get sanctioned/clearly lose a malic. prosec. claim for going forward with them? Basically, the litigation privilege has no exception for a vexatious litigant shaking down businesses? Can't I test the limitations of the lit privilege or is that likely to get me in trouble? Thanks!
Some aspects of your question do not make sense in context, but this is a good starting point for you to research your issue: http://www.lacba.org/showpage.cfm?pageid=8580
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Either he has access or he doesn't the fact that he has sued before does not make him vexatious if he has been denied access under the ADA.
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