Blue Hen Mechanical, Inc. v. Christian Bros. Risk Pooling Trust

STRINE, Chief Justice:

I. INTRODUCTION

This is a regrettable case. In the name of controlling litigation costs, a heating and air conditioning contractor (“Blue Hen”) sued Christian Brothers Risk Pooling Trust as subrogee for the Little Sisters of the Poor (“Little Sisters of the Poor”) for malicious prosecution. The supposedly malicious cause of action concededly arose out of a real problem for the Little Sisters of the Poor. In January 2008, the Little Sisters of the Poor contracted with Blue Hen to maintain the heating, ventilation, and air conditioning equipment at its nonprofit residential…