Key takeaways

• Successful defendants pursued maliciously by a claimant, without reasonable or probable cause, can now subsequently sue for damage suffered, including damage to reputation, earnings, and health, and the excess of legal expenses over any amount awarded in the initial proceedings.
• Litigants should conduct proceedings in a manner which takes account of the prospect of bringing or defending such an action on the conclusion of the initial proceedings.
• The Supreme Court’s decision leaves many questions unanswered, which will likely be the subject of future litigation, including the question of whether a party can sue for malicious prosecution of arbitration.