... is worded differently in California, but the essential provisions are the same. Case law is clear, however, that a threat to file a lawsuit can NEVER constitute extortion. The reason is a matter of public policy; that is, the filing of a frivolous lawsuit has other possible remedies or sanctions (e.g., financial penalties, an award of attorney's fees or the filing of a countersuit for vexatious litigation or malicious prosecution) AND a determination of whether or not a lawsuit is frivolous cannot be made until after it is filed.

Furthermore, the "threat" of filing a lawsuit, even if frivolous, does not threaten an UNLAWFUL act -- and to use the Colorado language, it would not be "invoking action by any third party", as it "threatens" only action by the speaker.

I am not familiar with Colorado case law, but suspect based on the language that the end result would be the same as in California.

MAYBE if someone said straight out, "Even though I know it would be completely without merit [which is the legal standard for "frivolous" litigation], I will sue you anyway" it MIGHT constitute extortion if combined with an attempt to induce one of the proscribed results. I've never seen a published case where that occurred. ----- jim o\-S