Retaliatory and Intimidation Lawsuits
Blecher & Collins has prevailed in the challenging legal domain of proving malicious prosecution. Our litigators have successfully demonstrated that lawsuits against our clients were unfounded preemptive strikes or counterstrikes intended to stifle competition or intimidate our clients into submission.
Our Los Angeles-based boutique law firm is a leader in unfair competition and antitrust litigation. We have filed and won suits for malicious prosecution on behalf of businesses large and small in California and throughout the United States. We have also defended corporate clients accused of suing competitors under false pretenses.
Malicious Prosecution Attorneys
In the context of business, malicious prosecution (wrongful use of a civil proceeding) is litigation initiated to intimidate, harass or punish a competitor. To win damages or other relief, the plaintiff must show: (a) a lack of probable cause for the defendant's lawsuit; and (b) that legal action was brought with malice.
These cases frequently arise in intellectual property litigation; the aggressor sues any company that dares to enter the market with a similar product and pressures the plaintiff to settle the lawsuit by agreeing not to compete. Without solid representation, these David-and-Goliath matchups leave the smaller competitors with little choice but to succumb to the larger entity.
In a landmark case that established malicious prosecution as a violation of antitrust laws, founding partner Maxwell M. Blecher prevailed in a case against pharmaceutical giant Johnson & Johnson. Our client, a Nebraska manufacturer of disposable medical gloves, was sued for patent infringement, and Blecher & Collins successfully argued that the lawsuit was brought in bad faith as part of Johnson & Johnson's overall plan to monopolize the surgical glove market. After two trials and two appeals, our client recovered $19 million in damages.
Malicious prosecution can also provide grounds for the recovery of damages based on the legal malpractice of the offender's law firm.
If you believe that a competitor is suing to prevent fair competition, or to burden you with the expense and distraction of spurious litigation, contact our office to arrange a consultation with proven trial lawyers.
