P&J Beverage Corporation v. the Bottle Shop, LLC

Summary

The Court held that the statutory notice required before pursuing an abusive-litigation claim must identify a specific proceeding and indicate that the claimant contends the proceeding constituted abusive litigation. The Bottle Shop’s email identified only a potentially wrongful injunction and therefore did not satisfy the condition precedent, requiring judgment against its abusive-litigation claim. Because the general verdict and judgment did not allocate damages between the abusive-litigation and wrongful-injunction claims, the Court vacated and remanded for allocation and consideration of a retrial.