Quote Originally Posted by Sirius Glass View Post
Yes, they can be counter sued for malecious prosecution. If they are found guilty of malecious prosecution, then they have to pay all the target's costs plus damages and fines.

Actually, although slow, tort law works well. The usual tort law complainer is a company or industry that has been doing illegal or unethical acts as a normal part of business. So rather than clean up their act, they blame the victims and cry foal.
As I understand it most tort law is state specific, so any rule concerning it will vary from (US) state to state.

And "prosecution" generally refers to a criminal law or similar proceeding, not a civil claim in tort for damages. So damages for "malicious prosecution" could not flow from a civil claim.

At least up here a counter-suit for damages might include a claim for costs, including court costs and increased costs. The availability of such costs will vary with each jurisdiction, according to that jurisdiction's rules.

If a claim is made that has no standing in law, an application can be made to have it dismissed early in the proceeding. In addition, even if the claim could have a legal basis, the factual situation may indicate that the claim is without any potential merit (in my jurisdiction the phrase used is "frivolous and vexatious") and another, different application can be made to have it dismissed early in the proceeding.

The first such application requires a purely legal decision, and therefore little or no evidence will be referred to. The second type of application requires a decision that involves a mixture of law and fact, and therefore at least some evidence will need to be be referred to. As such, it is a more complex application, and may result in a judge referring the issue to a full trial, especially if issues of credibility arise.