Dragonetti Actions

Wrongful Use of Civil Proceedings

Pennsylvania's Dragonetti Act gives you a legal remedy when someone files a civil lawsuit against you without probable cause and with malicious intent. If you were the target of a baseless civil action, Dutko & Chwiecko Trial Attorneys can evaluate your claim and pursue accountability.

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Pennsylvania's Dragonetti Act

The Dragonetti Act, 42 Pa. C.S. §§ 8351–8354, creates a civil cause of action against a party who initiates or continues a civil proceeding without probable cause and with a primary purpose other than securing proper adjudication of the claim.

Favorable Termination Required

To bring a Dragonetti claim, the underlying civil action must have terminated in your favor — whether by dismissal, summary judgment, verdict, or other resolution. We analyze the record of the prior proceeding to assess whether the elements are met.

Damages You Can Recover

A successful Dragonetti claim can yield compensation for attorney fees and costs incurred defending the wrongful suit, harm to reputation, emotional distress, and other losses caused by the improper litigation.

Elements of a Dragonetti Claim

Initiation or Continuation

The defendant must have started or continued a civil proceeding against you — not merely participated as a witness or third party.

Absence of Probable Cause

The party bringing the suit lacked a reasonable basis to believe the claims were legally valid and factually supported at the time of filing.

Improper Purpose

The lawsuit was filed primarily for a purpose other than legitimate adjudication — such as harassment, coercion, competitive harm, or retaliation.

Favorable Termination

The underlying proceeding ended in your favor, establishing that the original claims lacked merit.

Actual Damages

You suffered quantifiable harm — legal costs, reputational injury, lost business, or emotional distress — as a direct result of the wrongful proceeding.

Causation

The harm you suffered flows directly from the defendant's decision to initiate or continue the baseless civil action against you.

Why Dutko & Chwiecko

Dragonetti claims require a thorough understanding of both the prior civil proceeding and Pennsylvania's exacting statutory framework. Our attorneys analyze the record of the underlying case, assess the opposing party's conduct, and determine whether the elements for a viable claim are present before advising you to proceed.

We represent clients across Berks, Lehigh, and Schuylkill counties who have been subjected to meritless litigation. If you believe you were targeted by a lawsuit filed in bad faith, contact us for a free consultation to discuss your options.

Were You the Target of a Baseless Lawsuit?

If a civil action against you was terminated in your favor, you may have a Dragonetti claim. Contact Dutko & Chwiecko for a free consultation.

DUTKO & CHWIECKO

TRIAL ATTORNEYS

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