whereby mal. pros. complainant files a SLAPP back; B) Mal. Pros. Defendant's anti SLAPP motion prevails whereby Defendants then file a malicious prosecution case against Mal. Pros. Complainant? In present case I will be Complainant of mal. pros. case & I expect Defendants to file anti SLAPPs. I would like to have a strong complaint in order to deter anti SLAPP motions. Thank you!
In the original malicious prosecution case, the person who won the SLAPP BACK motion is entitled to their legal fees for that motion, so that they are compensated for that suit and thereafter they should have no other damages for which they can now bring a malicious prosecution suit and should lose.
I agree with Ms. Vaccaro. There should be no malicious prosecution as the party should have been compensated in the SLAPP win.
I agree with the prior answers. The prevailing party on an Anti-SLAPP motion recovers their attorneys fees and costs in the prior case, so there would be no damages to pursue in a malicious prosecution case that is based on the prior case.
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A malicious prosecution lawsuit may be a SLAPP-back. A malicious prosecution action may include damages, including general and punitive damages, not available to the prevailing defendant who files an anti-SLAPP motion.
The prevailing defendant, but not plaintiff, is entitled to attorney fees incurred in obtaining a GRANT of the anti-SLAPP. If you are filing a malicious prosecution action in the first instance, it is not a SLAPP-back.
A malicious prosecution action is frequently subject to an anti-SLAPP motion. It is imperative that you can prove the probability of success in the first instance. Otherwise, you open yourself up to a substantial attorney fee award.
This area of the law is complex. A malicious prosecution action should never be filed by a pro per plaintiff, and only when a determination of probable success is made by an attorney upon presently available evidence.
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