News & Analysis as of

Anti-SLAPP Malicious Prosecution

Miller Starr Regalia

When CEQA Litigation Turns Tortious: First District Affirms Order Denying Anti-SLAPP Motion, Allows Malicious Prosecution Action...

Miller Starr Regalia on

While CEQA is a complicated area of law, often criticized as a “plaintiff’s sandbox,” CEQA litigation is not a “free-for-all” immune from malicious prosecution actions when it is unsuccessfully pursued with malice and without...more

Downey Brand LLP

First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney

Downey Brand LLP on

In Jenkins et al. v. Brandt-Hawley et al. (1st Dist., Div. 2, 2022) ___ Cal.App.5th ___, the First District Court of Appeal found that CEQA suits can be subject to malicious prosecution actions. The Court of Appeal upheld an...more

Downey Brand LLP

CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution

Downey Brand LLP on

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more

Lewitt Hackman

Employers: Malicious Prosecution Claims Against Employees

Lewitt Hackman on

Litigating wage and hour claims can be frustrating. Not only do employers have to incur legal expenses, they also have to sometimes defend inflated and inaccurate claims....more

Nutter McClennen & Fish LLP

Judge Salinger Thaws Defendants’ Attempt to 'Chill' Malicious Prosecution Claims under Massachusetts’ Anti-SLAPP Statute

In Crotty v. Continuum Energy Technologies, Judge Salinger granted Thomas Crotty’s special motion to dismiss counterclaims for tortious interference brought by Continuum Energy Technologies (CET) and John Preston under the...more

Foley & Lardner LLP

Has California Opened the Door to Bring Suit Against “Shill” Plaintiffs in Prop 65, ADA and Other Repeat-Plaintiff Litigation?

Foley & Lardner LLP on

The California Court of Appeal recently ruled that a firm used a “shill plaintiff” in a failed suit over a “Made in the USA” label, potentially opening the door for suit against similar repeat plaintiffs in other types of...more

McDermott Will & Emery

Interim Adverse Judgment Rule Averts Malicious Prosecution Claim

McDermott Will & Emery on

The California Supreme Court found that the denial of summary judgment in an underlying trade secrets misappropriation action established sufficient probable cause to bring an action under the California interim adverse...more

Proskauer - California Employment Law

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending April 1, 2016

Carlton Fields on

REAL PROPERTY UPDATE - - Foreclosure: remittitur, rather than reversal of summary judgment, is proper where lender failed to provide sufficient evidence of late charges at summary judgment – Newman v. Ocwen Loan...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ferrum Ferro Capital Files Motion to Strike Allergan's Complaint Alleging Misuse of IPR Process

In June, Allergan, Inc. and Allergan Sales, LLC filed suit against Ferrum Ferro Capital, LLC and Kevin Barnes ("FFC") in the U.S. District Court for the Central District of California, alleging that FFC attempted to extort...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

Hinshaw & Culbertson LLP

Is It Prejudgment Or Postjudgment Interest? The Conclusion Can Make A Difference

In Lucky United Properties Investments Inc. v. Lee, 2013 DAR 1614 (2013), the California Court of Appeal for the First Appellate District decided when interest begins to accrue on an award of prejudgment interest in the...more

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