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Frivolous Appeals, Damages

People experience a wide range of emotions when they’re a party to a lawsuit, particularly when they have never been part to a suit before. Inevitably, certain individuals will want to counter-sue the other party for what they perceive to be frivolous factual or legal positions taken in a given case. In certain circumstances, a […]

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Wrongful Garnishment

A garnishment is a legal device used to collect a money judgment. Improper use of a garnishment, however, can result in liability. Although it is very closely related to claims of malicious prosecution and abuse of process, wrongful garnishment is actionable in limited circumstances.¬†See¬†Boone v. Lou Budke’s Arrow Finance Co., Inc., 98 S.W.3d 555, 557 […]

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Malicious Prosecution

One of the first questions a defendant in a civil lawsuit will inevitably ask is, assuming they prevail with the defense, whether a countersuit or independent suit can be filed against the plaintiff. The reasoning is well taken: can I sue the other person back if I win for putting me through the litigation process? […]

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Abuse of Process & Malicious Prosecution

Litigation is expensive. Between court costs, discovery costs, and legal fees, you can end up feeling like you “lost” even when you prevail. It is for this reason that there are often strong cries for lawsuit reforms, such as loser pays systems in which the losing party in litigation must pay for the prevailing parties […]

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