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counterclaims

Reader comment on item: Islamists in the Courtroom

Submitted by Bill Hylton (United States), Jun 18, 2007 at 13:36

As a retired lawyer, allow me to make a recommendation.

Most states recongnize a cause of action (basis for a lawsuit) called abuse of process, or something similar. It is intended to provide relief to defendants who have suffered financial loss and or mental stress resulting from being named in a frivolous or harassing lawsuit.

I would recommend that your new legal organization research the possiblity of using this cause of action as a counterclaim. Plaintiff's lawyers would think twice about filing intimidating lawsuits if they knew they would have to convince a jury that their lawsuit was based solidly on the law and facts and was not filed merely to change the behavior of the defendants.

Best Wishes.

Bill Hylton

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Note: Opinions expressed in comments are those of the authors alone and not necessarily those of Daniel Pipes. Original writing only, please. Comments are screened and in some cases edited before posting. Reasoned disagreement is welcome but not comments that are scurrilous, off-topic, commercial, disparaging religions, or otherwise inappropriate. For complete regulations, see the "Guidelines for Reader Comments".

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