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Pastimes : Business Wire Falls for April Fools Prank, Sues FBNers
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To: Janice Shell who wrote (1286)5/2/1999 10:45:00 PM
From: Estimated Prophet  Read Replies (2) of 3795
 
Malicious prosecution can occur in the prosecution of any action, whether it be civil or criminal. Generally, it is an intentional tort, meaning the malicious prosecutor or malicious plaintiff pursues his or her case with the intent of doing harm to the civil or criminal defendant.

To sue someone who sued you usually requires that you win the case as a matter of law. If the case was good enough to get to a jury, then usually it's pretty hard to prove there was never anything to the case to start with. If the judge throws it out, then you have a starting point for a malicious prosecution suit.

Then, you must prove that the person who sued or prosecuted you did so with malicious intent to harm you.

Then, you must prove you were damaged as a result, which isn't hard to do if you incurred attorney fees to defend yourself.

<<How might the following apply to the Webnode3, lol?

In addition to the tort remedy for malicious criminal proceedings, the majority of states also permit tort actions for malicious institution of civil actions.>>

This statement means that most states allow civil defendants as well as criminal defendants to sue their accusers. How that applies to the Webnode 3 is something you should take up with your lawyers, because I can't give you legal advice without knowing a lot more of the specifics of your situation.
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