A lawsuit was filed against my company by highly disreputable means, and was eventually dismissed by the court. It was then refiled by the same Plaintiff, using similar improper conduct; however, a new judge and the court have allowed the case to continue.
In the second lawsuit, it appears the Plaintiff has committed fraud for the purposes of maintaining jurisdiction of the court, advancing the lawsuit, and falsely claiming a debt. The Plaintiff is now seeking to issue a subpoena (not yet issued, but authorized by the court), which I believe only furthers their impropriety.
In such an instance, can both abuse of process and malicious prosecution apply? If the answer is yes, can a party file a counterclaim for both?