I'm not sure this is true. I'm not a lawyer, but it certainly seems that in e.g. https://www.findlaw.com/legalblogs/first-circuit/malice-requires-an-evil-purpos

I'm not sure this is true. I'm not a lawyer, but it certainly seems that in e.g. https://www.findlaw.com/legalblogs/first-circuit/malice-requires-an-evil-purpose-not-just-an-improper-motive/ https://www.findlaw.com/legalblogs/first-circuit/malice-requ... courts may consider the notion of "evil" as even more concrete and fundamental than the definition of "malice." Sure, settlement may be the likely outcome, but there's not a zero chance of success on the merits.