I was asked yesterday about suing someone for malicious prosecution. I don’t usually take those cases. Here is why:
First, consider that almost any determination short of a jury verdict finding 100% in your favor, may bar a malicious prosecution case. Second, malicious prosection (which is actually the criminal name, and not the civil cause of action) is a disfavored case. Third, you really need to think long and hard about whether you want more litigation when this is all done.
I really think there is a time and place for these cases. However, just because someone sued you and you won does not mean you have the right case to sue them. This is a very difficult case and you should consult with a few attorneys before deciding to pursue such a case.