Can we sue a plaintiff and their attorneys in small claims court to recoup legal fees for being named in a frivolous lawsuit with?

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Can we sue a plaintiff and their attorneys in small claims court to recoup legal fees for being named in a frivolous lawsuit with?

We were named in a lawsuit that had nothing to do with us along with $300 others and paid $2400 to our attorney to get removed from suit to attorney can we sue plaintiff and their attorney in small claims court to get our costs back? They were obviously naming as many companies and individuals as they could to see what would stick; we were named in a frivolous manner as evidenced by being dropped.

Asked on January 19, 2012 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You could try to sue to recover your legal fees, but it's very unlikely you would prevail. If there was any reason at all to name you in the suit (i.e. any reason to think that you might have been liable), then naming in the suit was not frivlous and the plaintiff was justified in naming you--the fact that you were dismissed from the case does not by itself mean that it was frivolous to initially name you. American law makes it *very* difficult to recover legal fees.


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