While much has been written (including in this attorney liability column) about the unique claim of wrongful use of civil proceedings (i.e., the Dragonetti Act), those writings primarily concern the impropriety of the initiation of the underlying action. As the act plainly requires “favorable termination,” this element is given short shrift. Of course, a Dragonetti plaintiff must have been a prevailing defendant in the underlying action.
However, what does it mean to prevail?
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