16 results for 'cat:"Civil Procedure" AND cat:"Malicious Prosecution"'.
J. Baker finds that the trial court properly allowed an investment fund to first plead its affirmative defense of judicial estoppel on an investor's malicious prosecution claim after the pretrial deadline. However, it was error to grant the fund's motion for summary judgment since the investor's claim did not accrue until an underlying federal bankruptcy suit was dismissed and the claim was assigned to the investor. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: April 2, 2024, Case #: DA 23-0246, Categories: Bankruptcy, civil Procedure, malicious Prosecution
J. Wicker finds that the trial court properly granted attorney defendants' exceptions of no cause of action in a case alleging a property at issue in an underlying succession suit was sold without notice and without paying the decedent's sons their half of the sale proceeds in accordance with the decedent's will. The defendants include the attorneys in the underlying case. Therefore, the sons were required to show that the attorneys acted with a "specific malice to personally inflict direct harm upon his client’s adversary and with full knowledge that his conduct would cause such harm." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: March 20, 2024, Case #: 23-CA-297, Categories: civil Procedure, malicious Prosecution
J. Gomez finds the lower court properly refused to dismiss a malicious prosecution claim. While summary judgment and directed verdict motions from previous lawsuits may be used by a trial court to determine the validity of a subsequent malicious prosecution case, the denial of such motions against the plaintiff in the malicious prosecution case do not deprive that plaintiff of probable cause. Summary judgment motions could be denied for any number of reasons, while directed verdicts require application of the strictest standards, neither of which precludes a party from bringing a malicious prosecution claim in the wake of adversarial decisions in a previous case. Affirmed.
Court: Colorado Court Of Appeals, Judge: Gomez, Filed On: February 15, 2024, Case #: 2024COA17, Categories: civil Procedure, malicious Prosecution, Negligence
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J. Joseph denies a request by parish authorities to dismiss claims of malicious prosecution by a citizen who says his run-ins with police at a department store and a Home Depot stem from their desire to punish him for his exercising his constitutional right to freedom of speech while “peacefully shopping.” The outspoken shopper correctly argues, though without citation to any authority, that his state law claims against police are not time-barred because criminal cases against him related to his run-ins with the law remain pending.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:23cv894, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Constitution, malicious Prosecution
J. Holmes denies the two motions for a more definite statement in this malicious prosecution lawsuit brought by a professional hunter and his wife. The state defendants argue that the allegations in the complaint are "confusing, rambling, and vague." However, discovery and dismissal are the "more appropriate tools" for addressing the allegedly "inartful drafting."
Court: USDC Middle District of Tennessee , Judge: Holmes, Filed On: October 30, 2023, Case #: 3:23cv1028, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, malicious Prosecution
J. Pritzker finds that the lower court properly granted a school district dismissal of claims brought after a custodian was fired for misconduct based primarily on his personal use of school equipment. Claims that plaintiff was falsely arrested and imprisoned for stalking based on his social media posts had not been raised in the notice of claim, and school officials enjoyed qualified privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: October 19, 2023, Case #: 535797, Categories: civil Procedure, malicious Prosecution, Privilege