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Last update: Mar 19, 2007
Kilpatrick Stockton: Employers' Liability for Their Employees' Int... Oct 01, 2005
4 The employer will be liable "without reference to whether the intentof the agent or servant was good or bad, innocent or malicious."5 However, "[ijf an employee departs from [the employer's] purpose to accomplish a purpose of his own, the principal is not liable."6 Therefore, no liability attaches if "the employee departed, however briefly, from his duties in order to accomphish a purpose of his own, which purpose was not incidental to the work he was employed to do."7 When an employee goes on
Sedgwick: December 2004 Dec 01, 2004
Long & Levitt: Siebel v. Mittlesteadt (2004) 118 Cal.App.4th 406 Aug 17, 2004
September 9, 2004 MALICIOUS PROSECUTION California Law By Jessica B. Rudin Siebel v. Mittlesteadt (2004) 118 Cal.App. When Siebel sued Mittlesteadt and Buell for malicious prosecution they obtained summary judgment on two grounds
Sedgwick: Lawyers Beware: State High Court Ruling Expands Tort of... Jul 01, 2004
Lawyers Beware: State High Court Ruling Expands Tort of Malicious Prosecution function lib_bwcheck(){ //Browsercheck (needed) this. focus(); } } Lawyers Beware: State High Court Ruling Expands Tort of Malicious Prosecution By: Christina J. Imre, Douglas J. Collodel July 2004 In April 2004, the California Supreme Court joined the ranks of several other jurisdictions, holding that an attorney may be liable for malicious prosecution for failing to voluntarily dismiss a lawsuit once he or she
Greenberg Traurig: "Jarrow" May Lead to Injustices in Malicious-... Jun 29, 2004
Forum `Jarrow' May Lead to Injustices in Malicious-Prosecution Cases. will make it much more difficult for the malicious-prosecution plaintiff to get to a jury and more likely that miscarriages of justice may occur in certain cases
Long & Levitt: Zamos v. Stroud (2004) 04 C.D.O.S. 3369 Apr 21, 2004
April 21, 2004 MALICIOUS PROSECUTION California Law By Jessica Rudin. The California Supreme Court holds that an attorney may be liable for malicious prosecution if he or she commences an action with probable cause, but continues to pursue the action after discovering facts that negate probable cause
Proskauer Rose: March 2004 Mar 01, 2004
Dismissal Of Action Based On Parol Evidence Rule May Support Malicious Prosecution Claim Casa Herrera, Inc. v. Beydoun Airline Was Not The Joint Employer Of Service Workers For Purposes of FMLA/CFRA Moreau v. Air France Medical Group Was Subject To MICRA Damages Cap In Malpractice Case Lathrop v. HealthCare Partners Med. Group Employee Failed To State RICO Claim Based On Alleged Mail Fraud Miller v. Yokohama Tire Corp. ^top
Seyfarth Shaw: California Labor & Employment Law Update Mar 01, 2004
Although a police investigator and a handwriting expert both believed Garcia authored the threat, the prosecution dismissed a criminal complaint against him because of insufficient evidence. Garcia sued Verizon and the supervisor for various torts stemming from his arrest, prosecution and the TRO. The trial court dismissed the complaint
Long & Levitt: Jarrow v. LaMarche (2003) 31 Cal.4th 728 Jan 29, 2004
January 29, 2004 MALICIOUS PROSECUTION California Law By Jessica B. Rudin. Jarrow obtained summary adjudication on LaMarche's cross-complaint and sued LaMarche and Brutzkus for malicious prosecution
Saul Ewing: "Recovering Attorneys' Fees for an Improper F... Nov 01, 2003
Tri-State suggests two such causes of action for recovering fees and costs against the United States: wrongful use of civil proceedings (also known as malicious prosecution) and abuse of process. 2 million in attorneys' fees defending itself against the government's investigation, civil prosecution, and trial
Fried Frank: D.C. Circuit Holds That Plaintiff May Rely On FTCA to S... Sep 30, 2003
...xsp; No. 03-9-2 D.C. Circuit Holds That Plaintiff May Rely On FTCA to Seek Recovery of Attorneys' Fees Incurred In Defending Against Alleged Malicious Prosecution by Federal Authorities On September 2, 2003, the U. S. Court of Appeals for the District of Columbia Circuit held that an importer of medical equipment could proceed with a suit under the Federal Tort Claims Act (FTCA), 28 U.S.C. Section 2671 et seq. in an effort to recover money that it spent in defending itself against investigations
Morrison: Insurance Newsletter - 08/08/03 Aug 06, 2003
Proskauer Rose: August 2003 Aug 01, 2003
Long & Levitt: Zamos v. Stroud 03 C.D.O.S. 5831 Jul 25, 2003
July 25, 2003 MALICIOUS PROSECUTION California Law By Jessica B. Rudin. The Second Appellate District, Second Division holds an attorney can be liable for malicious prosecution for continuing to prosecute a lawsuit after the discovery of facts showing the case has no merit
Sedgwick: July 2003 Jul 01, 2003
The insureds claimed that the settlement would injure their reputation, impact their future insurability, and prevent them from subsequently filing a malicious prosecution action against the parties who sued them. The California Court of Appeal found that there was no duty on the part of the insurer not to settle to preserve a malicious prosecution case for the insureds
Baker & McKenzie: July 2003 Jul 01, 2003
Blaxland v. Commonwealth Director of Public Prosecutions, 323 F.3d 1198 (9th Cir. The Australian Securities and Investments Commission (ASIC) and the Director of Public Prosecutions (DPP) had charged the Plaintiff, Christopher Blaxland, with committing two offenses while he was a director of an Australian publicly-listed company
Quinn Emanuel: Patent Litigation Outpaces Other Cases in Case Filings ... Jun 01, 2003
...htm) have their genesis in a 1999 memorandum issued by then Deputy Attorney General Eric A. Holder, Jr., entitled "Federal Prosecution of Corporations" (commonly known as the "Holder Memorandum"). The breadth of issues in Jeff's current caseload spans fraud, malicious prosecution, trade secrets, legal malpractice, misappropriation of ideas, copyright infringement, libel, patent infringement and consumer class action issues
Dorsey & Whitney: 2002 Pro Bono Annual Report Jun 01, 2003
Long & Levitt: White v. Lieberman (2002) 103 Cal.App.4th 210 Feb 07, 2003
MALICIOUS PROSECUTION California Law by Jessica B. Rudin The Second District holds that the statute of limitations for malicious prosecution actions arising from cases reversed on appeal begins to run on the date remittitur is entered. 16, the anti-SLAPP statute, to attack malicious prosecution actions
Long & Levitt: Morrison v. Rudolph (2002) 103 Cal.App.4th 506; Jan 03, 2003
MALICIOUS PROSECUTION California Law by Jessica B. Rudin and Jennifer A. Becker The Fourth District holds that unless an attorney is aware of specific factual errors, he or she will not be liable for malicious prosecution for initiating an action based on a client's version of events. After the Morrisons obtained summary judgment on Ping's cross-complaint, they sued Ping's attorneys, Haight, Brown teel and George Rudolph ("Rudolph") for malicious prosecution
Morrison: Insurance Newsletter - 12/13/02 Dec 13, 2002
Long & Levitt: Stroock & Stroock & Lavan v. Tendler 02 C.D.O.S... Nov 21, 2002
MALICIOUS PROSECUTION California Law by Jessica B. Rudin and Jennifer A. Becker The Second District holds that the malicious prosecution "interim adverse judgment rule" does not apply to a ruling that does not address the merits of the underlying claim. Stroock sued the Tendlers and Rosen for malicious prosecution
Proskauer Rose: November 2002 Nov 01, 2002
Sedgwick: Supreme Court Watch?SLAPP Happy: A Quartet of Cases on ... Nov 01, 2002
2002), the court addressed the effect that a special motion to strike—filed in the underlying action—can have on a subsequent malicious prosecution claim. These former defendants then donned their plaintiffs' hat, suing the teachers and administrators for malicious prosecution
Musick Peeler & Garrett: DECLARATORY RELIEF RE COVERAGE REQUIRES PROBABLE CAUSE Oct 24, 2002
Thereafter came Hillenbrand’s suit for malicious prosecution of CIGNA’s original coverage declaratory relief and its subsequent cross-complaint for recoupment. In affirming the trial court results, the Court of Appeal dismissed CIGNA’s argument that coverage declaratory relief somehow was entitled to more protection from claims of malicious prosecution than other suits
Long & Levitt: Swat-Fame v. Goldstein 02 C.D.O.S. 7873; Oct 02, 2002
MALICIOUS PROSECUTION California Law By Jessica B. Rudin and Jennifer A. Becker The Second District holds that an attorney is entitled to rely on the representations of his or her client in determining whether probable cause exists to file a claim. Swat-Fame sued Goldstein and Posner for malicious prosecution
Piper Rudnick: Courts Differ on Mandating Arbitration Oct 01, 2002
Long & Levitt: Ted L. Vanzant v. DaimlerChrysler Corporation (2002) 96... Aug 26, 2002
MALICIOUS PROSECUTION California Law by Jessica B. Rudin The Second District holds that there can be no liability for continuation of a properly initiated existing proceeding. Vanzant then sued DaimlerChrysler for malicious prosecution
Preston Gates & Ellis: Employment & Labor Law Department Update Summer 2002 Jul 24, 2002
Simply because BE&K's claims ultimately were unsuccessful and it had animus toward the unions did not mean that the lawsuit violated the NLRA. While this decision is a victory for employers, suits against unions could subject employers to state laws against abuse of process and malicious prosecution that use broader standards for liability, as well as court rules forbidding the signing of court documents without a good faith belief in their validity. Acts Beyond Statute of Limitations May
Thelen Reid: Union Reps May Pursue False Imprisonment Claims Against... May 20, 2002
The contractor complained to the district attorney, who took over the cases herself and prosecuted without doing any legal research and without talking to the two deputies who had declined prosecution. Dismissal of the º1983 claims was affirmed; dismissal of claims for false arrest, false imprisonment, malicious prosecution and imposition of sanctions was reversed
Sheppard Mullin: Construction Update Apr 15, 2002
The contractor sued the expert for fraud, interference with contract, interference with business relations, and malicious prosecution. The court held that: (i) an expert who prepares a report accusing a contractor of faulty workmanship, and who testifies at a hearing before the Contractor's State Licensing Board, is immune from tort liability for all torts except malicious prosecution pursuant to Cal. Civ
Long & Levitt: Chavez v. Mendoza (2001) 94 Cal.App.4th 1083 Apr 03, 2002
April 3, 2002 MALICIOUS PROSECUTION California Law By Jessica B. Rudin. A malicious prosecution action may be the subject of a special motion to strike under CCP §425
Loeb & Loeb: Litigating in the US Apr 01, 2002
However, if a suit is summarily dismissed (for example because the defendant has a defense), there may be a risk that the prevailing party will bring a subsequent suit for malicious prosecution or abuse of process. Punitive damages are only available in tort actions and the defendant's conduct must not only be intentional, but also "willful", "despicable", "wanton" and "malicious"
Loeb & Loeb: Litigating in the US Apr 01, 2002
However, if a suit is summarily dismissed (for example because the defendant has a defense), there may be a risk that the prevailing party will bring a subsequent suit for malicious prosecution or abuse of process. Punitive damages are only available in tort actions and the defendant's conduct must not only be intentional, but also "willful", "despicable", "wanton" and "malicious"
Marshall Dennehey: DEFENDING THE DESIGN PROFESSIONAL IN WRONGFUL TERMINATI... Mar 02, 2002
Marshall Dennehey: IS MOLD THE NEXT GOLD FOR THE PLAINTIFFS'' BA... Mar 02, 2002
Marshall Dennehey: THE ANATOMY OF A CIVIL RIGHTS MALICIOUS PROSECUTION CLA... Mar 01, 2002
Marshall Dennehey: INDEMNITY CONTRACTS: MACE MACED BY PA. SUPREME COURT Mar 01, 2002
Marshall Dennehey: THE POLLUTION EXCLUSION AS RECENTLY INTERPRETED BY THE ... Mar 01, 2002
Marshall Dennehey: THE SUPREME COURT OF PENNSYLVANIA?S DECISION IN ROHM AN... Mar 01, 2002
Marshall Dennehey: NEW JERSEY APPELLATE DIVISION EXTENDS COMMERCIAL LANDOW... Mar 01, 2002
Marshall Dennehey: IS EVERY WORKER WITH A PHYSICAL IMPAIRMENT AFFORDED PRO... Mar 01, 2002
Marshall Dennehey: Car Stops and Racial Profiling Dec 01, 2001
Dorsey & Whitney: 2001 Pro Bono Annual Report Dec 01, 2001
Attorneys in our Denver office represented a woman who was sued by her former spouse for malicious prosecution and abuse of process. Her ex-husband had been acquitted on criminal charges stemming from his domestic violence toward her After his acquittal, he sued our client
Preston Gates & Ellis: Privacy in the Workplace Oct 31, 2001
1999) (employee who was fired from job and arrested based on allegations that she helped customer steal merchandise brought action for false imprisonment, defamation, malicious prosecution and intentional infliction of emotional distress). Employers should therefore take care to conduct all questioning in a civil manner and limit their questions to ones that are business related
Hinshaw & Culbertson: Lawyers' Professional Liability Update - June 2001 Jun 01, 2001
Hinshaw & Culbertson: Lawyers' Professional Liability Update Jun 01, 2001
Morgan Lewis: Corporations Represented by In-House Counsel in Litigat... May 01, 2001
McGuire Woods: CHILDREN AS PATIENTS Apr 01, 2001
Hinshaw & Culbertson: Lawyers' Professional Liability Update - January 2... Jan 01, 2001
Hinshaw & Culbertson: Lawyers' Professional Liability Update Jan 01, 2001
Mendes & Mount: Legal News Update - Winter 2000 Dec 01, 2000
The West American policy afforded "personal injury" coverage, which was defined to include malicious prosecution. The buyers prevailed in these actions and then sued the insured for malicious prosecution
Marshall Dennehey: THE PIGA SETOFF STATUTE REVISITED Dec 01, 2000
Marshall Dennehey: FAILURE TO FOLLOW "CHAIN OF COMMAND" DOES NOT... Dec 01, 2000
Marshall Dennehey: REPORTING AND PROSECUTING INSURANCE FRAUD IN GOOD FAITH Dec 01, 2000
Marshall Dennehey: RECENT DEVELOPMENTS IN INSURANCE COVERAGE AND BAD FAITH... Dec 01, 2000
Marshall Dennehey: PLAINTIFF IN PRODUCTS LIABILITY SUIT PERMITTED TO INTRO... Dec 01, 2000
Marshall Dennehey: SUBSEQUENT REMEDIAL MEASURES MADE BY A NON-DEFENDANT TH... Dec 01, 2000
Quinn Emanuel: Trial Attorney of the Month: Dominic Surprenant Sep 01, 2000
Managers Are Not Liable for Instituting Lawsuit The California Supreme Court has accepted for review a case invoking the so-called "managers' privilege." The Court of Appeal had held that managers and employees were not liable for malicious prosecution based on their instigating -- nor "aiding and abetting" nor conspiring to instigate -- an underlying action brought by the corporation. Brennan v. Tremco Inc., 92 Cal. Rptr
Sedgwick: United States: The Advice Of Counsel Defense Jul 01, 2000
For example, beyond claims for bad faith, advice of counsel is also a defense to a malicious prosecution claim. However, courts do not treat the defense identically in both contexts
Davis Wright Tremaine: FIRST AMENDMENT LAW LETTER Summer 2000 Jul 01, 2000
Itex ended up paying French $45,000 in the resulting settlement (of which $40,000 went to an organization that French set up to help cyberspeech defendants, the John Does Anonymous Foundation, in exchange simply for a promise by French not to file a countersuit for malicious prosecution. Despite the fact that providers of interactive online services are immune from liability in most circumstances, 47 U.S.C. § 230(c), the Raytheon and Itex examples illustrate one important issue facing chat-room
Davis Wright Tremaine: Complete Advisory Bulletin Jul 01, 2000
Itex ended up paying French $45,000 in the resulting settlement (of which $40,000 went to an organization that French set up to help cyberspeech defendants, the John Does Anonymous Foundation, ), in exchange simply for a promise by French not to file a countersuit for malicious prosecution. Despite the fact that providers of interactive online services are immune from liability in most circumstances, 47 U.S.C. § 230(c), the Raytheon and Itex examples illustrate one important issue facing
Davis Wright Tremaine: The State of State Anti-Slapp Laws Oct 01, 1999
To make matters worse, Washington's malicious prosecution statute,31 which does provide a cause of action, receives a narrow interpretation. To succeed on a malicious prosecution claim, the litigant has to show seizure of his person or his property, a kind of injury that does not include the legal costs or emotional distress that arise from defending oneself against frivolous claims
Sedgwick: Malicious Prosecution: The Disfavored Tort That Will No... Jul 01, 1999
Malicious Prosecution: The Disfavored Tort That Will Not Go Away function lib_bwcheck(){ //Browsercheck (needed) this. focus(); } } Malicious Prosecution: The Disfavored Tort That Will Not Go Away By: Steven D. WassermanSan Francisco Office July 1999 While there are numerous court opinions declaring that malicious prosecution is a disfavored tort, there continues to be a substantial number of reported decisions ruling upon various aspects of this purportedly disfavored, but nevertheless popular,
Sedgwick: Director & Officer Liability Update Jun 01, 1999
4th 478 (1998), a California Court of Appeal has held that the tort of malicious prosecution constitutes a wilful act which is not insurable for purposes of indemnification. Interestingly, the Court also held that, even though public policy precludes an insurer from indemnifying an insured in an underlying action, the duty to defend still exists so long as the insured reasonably expects the policy to cover the types of acts involved in the underlying suit
Quinn Emanuel: Entertainment Contracts Apr 01, 1999
The defendant responded to the lawsuit by filing several counterclaims, including claims for malicious prosecution, attempt to monopolize under the federal Sherman Act and the California Cartwright Act, unfair business practices under California law, and copyright, trademark, and trade dress misuse. Because both the Customs proceeding, initiated by Customs, and the lawsuit, initiated by the client, were objectively reasonable, the Court held that the defendant's malicious prosecution and unfair
Rutan & Tucker: Probate and Trust Litigation: Avoiding Conflicts of Int... Feb 01, 1999
G. No shot gun claims: potential for malicious prosecution (Crowley v. Katleman (1994) 8 Cal.4th 666, 695. Inclusion of unsubstantiated claims, no safe harbor petition, you lose case, client's interest forfeited, client sues for malpractice, opposing side sues for malicious prosecution
Anderson Kill & Olick: Employment Law Insider : Winter 1998 Dec 01, 1998
"The words 'Personal Injury', wherever used in this policy, mean (a) bodily injury (including death at any time resulting therefrom), mental injury, mental anguish, shock, sickness, disease, disability (b) false arrest, false imprisonment, wrongful eviction, detention, malicious prosecution, (c) discrimination, humiliation, libel, slander, defamation of character or invasion of right of privacy, unless arising out of advertising activities" Employment claims that allege discrimination, invasion
Hinshaw & Culbertson: Lawyers' Professional Liability Update - November ... Nov 01, 1998
Hinshaw & Culbertson: Lawyers' Professional Liability Update Nov 01, 1998
Vinson Elkins: Aggressive Enforcement of Rights Involving Internet Abu... Sep 18, 1997
Vinson & Elkins: "Aggressive Enforcement of Rights Involving Intern... Sep 18, 1997
Testa: Responding to Employee Theft Oct 01, 1996
Despite the more serious nature of the suspected theft, Rogers was nonetheless awarded $82,000 in damages by a federal judge based on his malicious prosecution claim against Unum and his former supervisor. The charges were subsequently dismissed and Rogers sued Unum and the supervisor for malicious prosecution, alleging that they had initiated his arrest and prosecution without sufficient reason and for the purpose of harassing him
Vinson Elkins: Aggressive Enforcement of Rights Involving Internet Abu... Apr 30, 1996
Vinson & Elkins: "Aggressive Enforcement of Rights Involving Intern... Apr 30, 1996
Piper Rudnick: DCAA Auditors'' Failure to Adhere to GAAS Con... Apr 01, 1996
Citi-Wide Preferred Couriers
June 14, 2004 MALICIOUS PROSECUTION California Law By Ann Strayer. The Second District reverses an order dismissing a malicious prosecution action arising from an insurer's action for additional premiums
On the Litigation Highway
Did you know there are more malicious prosecution claims made against LACBA Professional Liability Program insureds than any other type of claim. If your business is screening claims, drafting complaints, and taking them (hopefully) to judgment, how can you protect yourself from this epidemic of malicious prosecution plaguing California lawyers
Mulder v. Pilot Air Freight (January 5
The California Supreme Court rejected Mulder's argument and confirmed that the litigation privilege bars any action, other than malicious prosecution, which arises out of a report of possible wrongdoing that is made to an official governmental agency. DOCS\Z9901-500\472595
Videotape Plus
July 1, 2002 MALICIOUS PROSECUTION California Law By William L. Jacobson. Probable cause must support even "superfluous" causes of action to avoid potential malicious prosecution liability
Wilson v. Parker
August 5, 2002 MALICIOUS PROSECUTION California Law By Jennifer A. Becker and Jessica B. Rudin. 16 special motion to strike establishes probable cause in a subsequent malicious prosecution action
Rus
March 2
...(1/28/04), Court finds that plaintiff who hacked and modified a newspaper Web page as a practical joke stated a viable claim for malicious prosecution where the newspaper submitted allegedly false and misleading evidence to federal prosecutors regarding the incident. In light of the newspaper's conduct, the court found that a factual issue exists as to whether there is probable cause to believe plaintiff committed a crime and that the evidence is sufficient to establish a right to a jury trial
09-18-02: Mattel
MALICIOUS PROSECUTION California Law By Jessica B. Rudin and Jennifer A. Becker The Second District holds that settlement of an underlying suit may not operate to negate favorable termination and may not support an "anti-SLAPP" motion to strike. 4th 409, which held that a post-verdict settlement eliminates the favorable termination factor and precludes a malicious prosecution action against the both the underlying client and her attorneys
11-30-01: Ferreira v. Gray
MALICIOUS PROSECUTION California Law by Jessica B. Rudin and Jennifer A. Becker The Fourth District has decided that two traditional elements of malicious prosecution actions will be stringently applied. Ferreira then sued Rushing's attorneys, Gray, Carey, et al., for malicious prosecution as to claims which were determined in his favor
Akin Gump: U.S. Supreme Court Puts Teeth Into Judicial Review of P...
Akin Gump: Newsletters
4th 160 (2000) Plaintiff, a store patron of HomeBase, sued the store, the store's security guard and the guard's supervisor for battery, false imprisonment and malicious prosecution arising out of defendants'detention of plaintiff for theft. The Court further held that plaintiff had failed to prove that any of HomeBase's officers, directors or managing agents had actual knowledge that the employee defendants had acted maliciously
Akin Gump: Criminal Liability Concerns to the Environmental Profes...
8 Criminal Environmental Prosecution Today. 12 Recent Developments in Environmental Criminal Prosecution
Calton Fields: Sky Docket - Winter 2004
The court refused to dismiss the passenger's state law claims for false imprisonment, malicious prosecution, and tortious interference with economic advantage. Plaintiff was a passenger on an American Airlines flight; defendant Gail Paulson, an American employee, was a flight attendant aboard the plane, and defendant Dan McNamara was a customer service representative for American
Cooley Godward: Top 10 Defense Cases in 2000 ??? Stock Indigestion
The balance of the Top 10 comprises four cases: No. 7, a breach of contract and malicious prosecution case for $100 million; two product liability cases, No. 8 and No. 9, for $52 million-$295 million and $52 million-$55 million; and No. 10, an environmental class action for more than $50 million, which resulted in no liability or damages. Reprinted with permission of Verdicts ement
Covington & Burling: The Asbestos Litigation Crisis: Who Will Clean Up this ...
WLF also argued that many war criminals may escape prosecution if the courts do not permit military commissions to go forward. WLF argued that the government might well decide to forgo prosecution if required to press charges in federal court, where procedural rules make it impossible for the government adequately to protect confidential information regarding its sources of intelligence
Davis Graham & Stubbs: Damage Control: Potential Liability in Colorado Related...
But beware: If the charges are unfounded, the plaintiff may have an action for abuse of process or malicious prosecution. A finding of probable cause is absolute defense to malicious prosecution
Goodwin Procter: Law Breakfast Seminar: Violence in the Workplace
An absolute privilege is a complete defense even if the employer makes the statement maliciously or in bad faith. Malicious Prosecution
Hinshaw & Culbertson: 2001 Illinois Municipal Tort Liability
...c]Â Corrupt or Malicious Motives Exception. b]Â No Malicious Motives Exception
Hinshaw & Culbertson: Attorney Disciplinary Proceedings: Illinois Practice an...
The Administrator's legal staff, which includes more than 25 attorneys, conducts the investigations and prosecutions. These documents include all records related to pending and closed prosecutions before the Hearing Board and Review Board
Quinn Emanuel: Download the entire newsletter in PDF format
After the criminal matter was dismissed, plaintiff filed a civil suit for malicious prosecution, defamation and a host of related torts. Although reports to the police are privileged, that privilege does not apply to malicious prosecution and, as to other torts, the reports must be in "good faith." The trial denied defendants' motion for summary judgment on the basis of plaintiff's declaration that there was "gallows humor" at work
Wiley Rein & Fielding: Court Applies Exclusions for Diminution in Property Val...
WRF - Articles - Court Applies Exclusions for Diminution in Property Value, Abuse of Process and Malicious Prosecution if (document. src'); } } Search GO Court Applies Exclusions for Diminution in Property Value, Abuse of Process and Malicious ProsecutionThe Executive Summary, July 2004 In an unreported decision, the United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, has held that exclusions in a public officials policy barred coverage for claims
March 2
...(1/28/04), Court finds that plaintiff who hacked and modified a newspaper Web page as a practical joke stated a viable claim for malicious prosecution where the newspaper submitted allegedly false and misleading evidence to federal prosecutors regarding the incident. In light of the newspaper's conduct, the court found that a factual issue exists as to whether there is probable cause to believe plaintiff committed a crime and that the evidence is sufficient to establish a right to a jury trial
Akin Gump: Alerts
Akin Gump: Newsletters
4th 160 (2000) Plaintiff, a store patron of HomeBase, sued the store, the store's security guard and the guard's supervisor for battery, false imprisonment and malicious prosecution arising out of defendants'detention of plaintiff for theft. The Court further held that plaintiff had failed to prove that any of HomeBase's officers, directors or managing agents had actual knowledge that the employee defendants had acted maliciously
Akin Gump: Criminal Liability Concerns to the Environmental Profes...
8 Criminal Environmental Prosecution Today. 12 Recent Developments in Environmental Criminal Prosecution
Calton Fields: Sky Docket - Winter 2004
The court refused to dismiss the passenger's state law claims for false imprisonment, malicious prosecution, and tortious interference with economic advantage. Plaintiff was a passenger on an American Airlines flight; defendant Gail Paulson, an American employee, was a flight attendant aboard the plane, and defendant Dan McNamara was a customer service representative for American
Davis Graham & Stubbs: Damage Control: Potential Liability in Colorado Related...
But beware: If the charges are unfounded, the plaintiff may have an action for abuse of process or malicious prosecution. A finding of probable cause is absolute defense to malicious prosecution
Fisher & Phillips: Hospitality Labor Letter (10/04) pdf
Employee Theft Or Malicious Prosecution. The court ruled that a terminated, at-will employee could maintain a malicious prosecution action versus his ex-employer, a pool hall and bar, following a potentially questionable report of theft to the police
Goodwin Procter: Law Breakfast Seminar: Violence in the Workplace
An absolute privilege is a complete defense even if the employer makes the statement maliciously or in bad faith. Malicious Prosecution
Quinn Emanuel: Download the entire newsletter in PDF format
After the criminal matter was dismissed, plaintiff filed a civil suit for malicious prosecution, defamation and a host of related torts. Although reports to the police are privileged, that privilege does not apply to malicious prosecution and, as to other torts, the reports must be in "good faith." The trial denied defendants' motion for summary judgment on the basis of plaintiff's declaration that there was "gallows humor" at work
On the Litigation Highway
Did you know there are more malicious prosecution claims made against LACBA Professional Liability Program insureds than any other type of claim. If your business is screening claims, drafting complaints, and taking them (hopefully) to judgment, how can you protect yourself from this epidemic of malicious prosecution plaguing California lawyers
Spring 2005; Volume 12
...p. 2 Malicious Prosecution Can Equal Wrongful Termination. Malicious Prosecution Can Equal Wrongful Termination
March 2
...(1/28/04), Court finds that plaintiff who hacked and modified a newspaper Web page as a practical joke stated a viable claim for malicious prosecution where the newspaper submitted allegedly false and misleading evidence to federal prosecutors regarding the incident. In light of the newspaper's conduct, the court found that a factual issue exists as to whether there is probable cause to believe plaintiff committed a crime and that the evidence is sufficient to establish a right to a jury trial
Akin Gump: Alerts
Akin Gump: Newsletters
4th 160 (2000) Plaintiff, a store patron of HomeBase, sued the store, the store's security guard and the guard's supervisor for battery, false imprisonment and malicious prosecution arising out of defendants'detention of plaintiff for theft. The Court further held that plaintiff had failed to prove that any of HomeBase's officers, directors or managing agents had actual knowledge that the employee defendants had acted maliciously
Akin Gump: Criminal Liability Concerns to the Environmental Profes...
8 Criminal Environmental Prosecution Today. 12 Recent Developments in Environmental Criminal Prosecution
Calton Fields: Sky Docket - Winter 2004
The court refused to dismiss the passenger's state law claims for false imprisonment, malicious prosecution, and tortious interference with economic advantage. Plaintiff was a passenger on an American Airlines flight; defendant Gail Paulson, an American employee, was a flight attendant aboard the plane, and defendant Dan McNamara was a customer service representative for American
Davis Graham & Stubbs: Damage Control: Potential Liability in Colorado Related...
But beware: If the charges are unfounded, the plaintiff may have an action for abuse of process or malicious prosecution. A finding of probable cause is absolute defense to malicious prosecution
Fisher & Phillips: Hospitality Labor Letter (10/04) pdf
Employee Theft Or Malicious Prosecution. The court ruled that a terminated, at-will employee could maintain a malicious prosecution action versus his ex-employer, a pool hall and bar, following a potentially questionable report of theft to the police
Goodwin Procter: Law Breakfast Seminar: Violence in the Workplace
An absolute privilege is a complete defense even if the employer makes the statement maliciously or in bad faith. Malicious Prosecution
Quinn Emanuel: Download the entire newsletter in PDF format
After the criminal matter was dismissed, plaintiff filed a civil suit for malicious prosecution, defamation and a host of related torts. Although reports to the police are privileged, that privilege does not apply to malicious prosecution and, as to other torts, the reports must be in "good faith." The trial denied defendants' motion for summary judgment on the basis of plaintiff's declaration that there was "gallows humor" at work
Citi-Wide Preferred Couriers
June 14, 2004 MALICIOUS PROSECUTION California Law By Ann Strayer. The Second District reverses an order dismissing a malicious prosecution action arising from an insurer's action for additional premiums
On the Litigation Highway
Did you know there are more malicious prosecution claims made against LACBA Professional Liability Program insureds than any other type of claim. If your business is screening claims, drafting complaints, and taking them (hopefully) to judgment, how can you protect yourself from this epidemic of malicious prosecution plaguing California lawyers
Mulder v. Pilot Air Freight (January 5
The California Supreme Court rejected Mulder's argument and confirmed that the litigation privilege bars any action, other than malicious prosecution, which arises out of a report of possible wrongdoing that is made to an official governmental agency. DOCS\Z9901-500\472595
Videotape Plus
July 1, 2002 MALICIOUS PROSECUTION California Law By William L. Jacobson. Probable cause must support even "superfluous" causes of action to avoid potential malicious prosecution liability
Wilson v. Parker
August 5, 2002 MALICIOUS PROSECUTION California Law By Jennifer A. Becker and Jessica B. Rudin. 16 special motion to strike establishes probable cause in a subsequent malicious prosecution action
Spring 2005; Volume 12
...p. 2 Malicious Prosecution Can Equal Wrongful Termination. Malicious Prosecution Can Equal Wrongful Termination
Rus
March 2
...(1/28/04), Court finds that plaintiff who hacked and modified a newspaper Web page as a practical joke stated a viable claim for malicious prosecution where the newspaper submitted allegedly false and misleading evidence to federal prosecutors regarding the incident. In light of the newspaper's conduct, the court found that a factual issue exists as to whether there is probable cause to believe plaintiff committed a crime and that the evidence is sufficient to establish a right to a jury trial
09-18-02: Mattel
MALICIOUS PROSECUTION California Law By Jessica B. Rudin and Jennifer A. Becker The Second District holds that settlement of an underlying suit may not operate to negate favorable termination and may not support an "anti-SLAPP" motion to strike. 4th 409, which held that a post-verdict settlement eliminates the favorable termination factor and precludes a malicious prosecution action against the both the underlying client and her attorneys
11-30-01: Ferreira v. Gray
MALICIOUS PROSECUTION California Law by Jessica B. Rudin and Jennifer A. Becker The Fourth District has decided that two traditional elements of malicious prosecution actions will be stringently applied. Ferreira then sued Rushing's attorneys, Gray, Carey, et al., for malicious prosecution as to claims which were determined in his favor
Akin Gump: Alerts
Akin Gump: Newsletters
4th 160 (2000) Plaintiff, a store patron of HomeBase, sued the store, the store's security guard and the guard's supervisor for battery, false imprisonment and malicious prosecution arising out of defendants'detention of plaintiff for theft. The Court further held that plaintiff had failed to prove that any of HomeBase's officers, directors or managing agents had actual knowledge that the employee defendants had acted maliciously
Akin Gump: Criminal Liability Concerns to the Environmental Profes...
8 Criminal Environmental Prosecution Today. 12 Recent Developments in Environmental Criminal Prosecution
Calton Fields: Sky Docket - Winter 2004
Cooley Godward: Top 10 Defense Cases in 2000 ??? Stock Indigestion
The balance of the Top 10 comprises four cases: No. 7, a breach of contract and malicious prosecution case for $100 million; two product liability cases, No. 8 and No. 9, for $52 million-$295 million and $52 million-$55 million; and No. 10, an environmental class action for more than $50 million, which resulted in no liability or damages. Reprinted with permission of Verdicts ement
Fisher & Phillips: Hospitality Labor Letter (10/04) pdf
Employee Theft Or Malicious Prosecution. The court ruled that a terminated, at-will employee could maintain a malicious prosecution action versus his ex-employer, a pool hall and bar, following a potentially questionable report of theft to the police
Goodwin Procter: Law Breakfast Seminar: Violence in the Workplace
An absolute privilege is a complete defense even if the employer makes the statement maliciously or in bad faith. Malicious Prosecution
Citi-Wide Preferred Couriers
June 14, 2004 MALICIOUS PROSECUTION California Law By Ann Strayer. The Second District reverses an order dismissing a malicious prosecution action arising from an insurer's action for additional premiums
On the Litigation Highway
Did you know there are more malicious prosecution claims made against LACBA Professional Liability Program insureds than any other type of claim. If your business is screening claims, drafting complaints, and taking them (hopefully) to judgment, how can you protect yourself from this epidemic of malicious prosecution plaguing California lawyers
Mulder v. Pilot Air Freight (January 5
The California Supreme Court rejected Mulder's argument and confirmed that the litigation privilege bars any action, other than malicious prosecution, which arises out of a report of possible wrongdoing that is made to an official governmental agency. DOCS\Z9901-500\472595
Videotape Plus
July 1, 2002 MALICIOUS PROSECUTION California Law By William L. Jacobson. Probable cause must support even "superfluous" causes of action to avoid potential malicious prosecution liability
Wilson v. Parker
August 5, 2002 MALICIOUS PROSECUTION California Law By Jennifer A. Becker and Jessica B. Rudin. 16 special motion to strike establishes probable cause in a subsequent malicious prosecution action
Spring 2005; Volume 12
...p. 2 Malicious Prosecution Can Equal Wrongful Termination. Malicious Prosecution Can Equal Wrongful Termination
Rus
09-18-02: Mattel
MALICIOUS PROSECUTION California Law By Jessica B. Rudin and Jennifer A. Becker The Second District holds that settlement of an underlying suit may not operate to negate favorable termination and may not support an "anti-SLAPP" motion to strike. 4th 409, which held that a post-verdict settlement eliminates the favorable termination factor and precludes a malicious prosecution action against the both the underlying client and her attorneys
11-30-01: Ferreira v. Gray
MALICIOUS PROSECUTION California Law by Jessica B. Rudin and Jennifer A. Becker The Fourth District has decided that two traditional elements of malicious prosecution actions will be stringently applied. Ferreira then sued Rushing's attorneys, Gray, Carey, et al., for malicious prosecution as to claims which were determined in his favor
Akin Gump: Alerts
Akin Gump: Newsletters
4th 160 (2000) Plaintiff, a store patron of HomeBase, sued the store, the store's security guard and the guard's supervisor for battery, false imprisonment and malicious prosecution arising out of defendants'detention of plaintiff for theft. The Court further held that plaintiff had failed to prove that any of HomeBase's officers, directors or managing agents had actual knowledge that the employee defendants had acted maliciously
Akin Gump: Criminal Liability Concerns to the Environmental Profes...
8 Criminal Environmental Prosecution Today. 12 Recent Developments in Environmental Criminal Prosecution
Cooley Godward: Top 10 Defense Cases in 2000 ??? Stock Indigestion
The balance of the Top 10 comprises four cases: No. 7, a breach of contract and malicious prosecution case for $100 million; two product liability cases, No. 8 and No. 9, for $52 million-$295 million and $52 million-$55 million; and No. 10, an environmental class action for more than $50 million, which resulted in no liability or damages. Reprinted with permission of Verdicts ement
Fisher & Phillips: Hospitality Labor Letter (10/04) pdf
Employee Theft Or Malicious Prosecution. The court ruled that a terminated, at-will employee could maintain a malicious prosecution action versus his ex-employer, a pool hall and bar, following a potentially questionable report of theft to the police
Goodwin Procter: Law Breakfast Seminar: Violence in the Workplace
An absolute privilege is a complete defense even if the employer makes the statement maliciously or in bad faith. Malicious Prosecution
Citi-Wide Preferred Couriers
June 14, 2004 MALICIOUS PROSECUTION California Law By Ann Strayer. The Second District reverses an order dismissing a malicious prosecution action arising from an insurer's action for additional premiums
Mulder v. Pilot Air Freight (January 5
The California Supreme Court rejected Mulder's argument and confirmed that the litigation privilege bars any action, other than malicious prosecution, which arises out of a report of possible wrongdoing that is made to an official governmental agency. DOCS\Z9901-500\472595
Videotape Plus
July 1, 2002 MALICIOUS PROSECUTION California Law By William L. Jacobson. Probable cause must support even "superfluous" causes of action to avoid potential malicious prosecution liability
Wilson v. Parker
August 5, 2002 MALICIOUS PROSECUTION California Law By Jennifer A. Becker and Jessica B. Rudin. 16 special motion to strike establishes probable cause in a subsequent malicious prosecution action
Rus
March 2
...(1/28/04), Court finds that plaintiff who hacked and modified a newspaper Web page as a practical joke stated a viable claim for malicious prosecution where the newspaper submitted allegedly false and misleading evidence to federal prosecutors regarding the incident. In light of the newspaper's conduct, the court found that a factual issue exists as to whether there is probable cause to believe plaintiff committed a crime and that the evidence is sufficient to establish a right to a jury trial
09-18-02: Mattel
MALICIOUS PROSECUTION California Law By Jessica B. Rudin and Jennifer A. Becker The Second District holds that settlement of an underlying suit may not operate to negate favorable termination and may not support an "anti-SLAPP" motion to strike. 4th 409, which held that a post-verdict settlement eliminates the favorable termination factor and precludes a malicious prosecution action against the both the underlying client and her attorneys
11-30-01: Ferreira v. Gray
MALICIOUS PROSECUTION California Law by Jessica B. Rudin and Jennifer A. Becker The Fourth District has decided that two traditional elements of malicious prosecution actions will be stringently applied. Ferreira then sued Rushing's attorneys, Gray, Carey, et al., for malicious prosecution as to claims which were determined in his favor
Akin Gump: Alerts
Akin Gump: Newsletters
4th 160 (2000) Plaintiff, a store patron of HomeBase, sued the store, the store's security guard and the guard's supervisor for battery, false imprisonment and malicious prosecution arising out of defendants'detention of plaintiff for theft. The Court further held that plaintiff had failed to prove that any of HomeBase's officers, directors or managing agents had actual knowledge that the employee defendants had acted maliciously
Akin Gump: Criminal Liability Concerns to the Environmental Profes...
8 Criminal Environmental Prosecution Today. 12 Recent Developments in Environmental Criminal Prosecution
Fisher & Phillips: Hospitality Labor Letter (10/04) pdf
