What is the tort for filing a counterclaim against a frivolous lawsuit under, Arizona law?

Defending against a retaliatory suit filed in Arizona response to a wage claim filed in a New York Court. Plaintiffs’ NY attorney has written a threatening letter, warning of Az litigation, that threatens jail and is sanctinonable in NY.

Suit for assault but only alleges a threat to throw water in someone’s face. Suit by ex-employer under independent contractor agreement alleges sexual harassment though the employer would be liable if there was harassment.

A: Prevailing on a claim for malicious prosecution (which is probably what you are talking about) is difficult. Basically, you must prove that the claim never had any reasonable basis in fact, and it was brought with the sole purpose of harassing you.

You should consult with an attorney in deciding how to respond to the Arizona lawsuit. This is NOT something you should ignore just because it is retaliatory and outside of New York.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

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Re-posted from AVVO Legal Questions & Answers.

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