[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.

[Texasforever]

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

I think you have convinced me on this point. Now, should Halliburton decide to counter sue Judicial Watch as an organization and during discovery find that funding for this suit came from an organization such as a political party, would that constitute malice?