Can you counter sue claiming damages brought on by being falsely accused of racism?
That would be fun
Unfortunately, one cannot countersue once the case has been ruled upon. However, if there is legal grounds ( standards or existing case law) one may countersue for cause.
One item that defendants once had in their arsenal was the SLAPP suit.
Generally, those type suits have been frowned upon. In some states, they are illegal.
The only recourse a defendant has is to appeal should he lose the suit. If in the case where the higher court overturns the ruling or jury award, the defendant may ask the court to rule legal fees be recoverable.
Under California law there are instances where attorney fees can be recovered.
One such condition is * Civil Code Section 3496: court may award prevailing party costs in certain nuisance cases.
That is California. In this case for example, if the defendant prevails in getting the suit thrown out, and the suit ruled a 'nuisance', the defendant is entitled to recover his attorney's fees from the plaintiff.
Here is a better explanation of that..
* Code of Civil Procedure Section 425.16(c): fee awards mandatory to defendants who prevail under anti-SLAPP statute and Section 425.18(f): plaintiffs who defeat motions are entitled to fee awards if the motion to strike is frivolous or solely intended to cause unnecessary delay.
