[Texasforever]

It is actionable if the JW suit is found to be frivolous.

[Torie]

No, it needs to meet the elements of malicious prosecution, i.e. filed without probable cause, Klayman loses on the merits, and it was animated by "malice," which is a term of art about which there is much litigation, and varies by state, and is a moving target. Courts hate malicious prosecution actions against lawyers, and it is the courts, not juries, that determine probable cause, which in practice is a fairly loose standard.