Can Jury Award Damages for 'Malicious Litigation' Without Court Finding That Plaintiff's Suit Was Objectively Baseless?
May Liability be Imposed Based on Jury’s Finding of ‘Malicious Intent’ for Suit
The American Chemical Society v. Leadscope, Inc., et al., Case no. 2010-1335
10th District Court of Appeals (Franklin County)
ISSUE: May a plaintiff who brings a civil suit against a defendant be found liable for damages for “malicious litigation” based on a jury’s finding that the plaintiff’s motive for filing suit was to harass or injure the defendant if there is not also a finding by the court that the plaintiff’s complaint was objectively baseless?