Are you sure you want to file that questionable lawsuit? You might find yourself on the receiving end of a malicious prosecution claim.
In Debrincat v. Fischer, the Florida Supreme Court reopened the courthouse doors Feb. 9 to malicious prosecution claims filed by wrongly sued people when it overruled the Third District Court Appeal’s 2013 decision in Wolfe v. Foreman. The Wolfe decision had erroneously relied upon the litigation privilege to prevent wrongfully sued victims from bringing malicious prosecution claims that seek redress for damages suffered as a result of frivolous litigation.
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