Malicious Prosecution

News & Analysis as of

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

“Unclean Hands” Prevent UBS and Birkenfeld from Recovering Damages from Olenicoff for Malicious Prosecution

On July 23, 2015, the Superior Court in Orange County, California, dismissed a lawsuit brought by UBS and joined by whistleblower Bradley Birkenfeld against former UBS customer Igor Olenicoff. The suit alleged malicious...more

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

Allergan Fights Back, Files Complaint Against Venture Fund That Filed IPR Petition

Last month, 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

When All Else Fails, Look to Fee-Shifting Statutes to Recover Attorney’s Fees

Your company is considering a lawsuit. Or maybe you’ve just been served with a summons and complaint. You’ve evaluated the strengths and weaknesses of the claims, and you’re confident that, when the case ends, you’ll be the...more

Malicious Prosecution – Plaintiff Must Prove Element of Favorable Termination of Entire Underlying Action Before Bringing...

Lawrence Pasternack v. Thomas B. McCullough, Jr. et. al. - Court Of Appeal, Fourth District (April 17, 2015) - In a malicious prosecution action, the plaintiff must plead and prove that the prior judicial...more

Is Malicious Prosecution a Potential Settlement Tool?

In many instances, insurers are initially sued by plaintiffs with colorable claims seeking monetary recovery. During the course of litigation and through discovery, it sometimes becomes clear that the plaintiff’s claim or...more

Illinois Court Holds No Duty to Defend Malicious Prosecution Suit

In Indian Harbor Ins. Co. v. City of Waukegan, 2015 IL App (2d) 140293 (Ill. App. Ct. 2d Dist. 2015) the Appellate Court of Illinois, Second District, had occasion to consider when coverage for a malicious prosecution claim...more

Illinois Court Holds No Coverage for Malicious Prosecution Claim

In its recent decision in St. Paul Fire & Marine Ins. Co. v. City of Zion, 2014 Ill. App. LEXIS 659 (Ill. App. Ct. Sept. 10, 2014), the Appellate Court of Illinois, Second District, had occasion to consider whether, under a...more

Illinois Court Holds That Coverage for Malicious Prosecution Claim Is Triggered When the Prosecution Is Commenced, Not When It Is...

An Illinois appellate court recently held in St. Paul Fire and Marine Insurance Co. v. City of Zion that coverage under a law enforcement liability policy for a malicious prosecution claim is triggered when the wrongful...more

Litigating the Malicious Prosecution Case

Powerpoint Presentation by Jeffrey Lewis on tips for litigating Malicious Prosecution actions in California...more

Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied...

On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW Industries’ claims of conspiracy to restrain trade and attempted monopolization, once again...more

Retail Industry Update, No. 4, December 2013: New Year's Resolutions: Five Areas Of Focus For 2014

The Affordable Care Act has dominated the headlines of employment newsletters (justifiably) for the last six months. It will continue to be an area of focus for all employers. But don’t lose sight of the fact that all the...more

Contrasting the Torts of Malicious Prosecution and Abuse of Process

The related torts of malicious prosecution and abuse of process both vindicate the important personal rights to be free from unwarranted or abusive litigation tactics. There are some important distinctions in the elements of...more

Section 128.7 Sanctions Not Available Following Arbitration

When a client has obtained a defense verdict, judgment or arbitration award, they will frequently ask what recourse they have to recover attorney’s fees and costs obtained in defending against the claims. In California,...more

Proving the “Prior Action” Requirement of a Malicious Prosecution Case

When a party prevails in a legal proceeding, he or she sometimes will seek further vindication by way of a malicious prosecution action. However, no matter how frivolous the prior action was, not all legal proceedings are...more

Potential Defendants in a Malicious Prosecution Case

Malicious prosecution actions in California are complex. Filing and defending such actions require the handling attorney to have a deep understanding of the interplay of anti-SLAPP law, SLAPP-back actions and malicious...more

Defending the Malicious Prosecution claim

The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. The elements of the claim are that a prior action (1) was commenced by or at the direction of the defendant and was pursued to...more

Establishing the “Probable Cause” Element of a Malicious Prosecution claim

The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. One of the trickier elements to establish is that the prior action was filed and/or continued without probable cause. Just...more

Establishing the “Favorable Termination” Element of a Malicious Prosecution claim

The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. One of the trickier elements to establish is a “favorable termination” of the prior action. Just because you won the prior...more

Three key questions to ask in evaluating any potential case for Malicious Prosecution

The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. The elements of the claim are that a prior action (1) was commenced by or at the direction of the defendant and was pursued to...more

Vexatious Litigant – Case Dismissed with Prejudice

In this tort case, the appellate court affirmed a dismissal order finding a pro se plaintiff to be a “vexatious litigant,” which according to Florida Statute § 68.093, includes a pro se litigant “who, in the immediately...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 19, 2013

I. FLORIDA STATE CASES – STEFANIE LINCOLN - Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more

Bill Maher Prevails Over Donald Trump Lawsuit By Sitting and Waiting for the Donald to Figure Out to Drop It Himself

In February, I wrote about a particularly fake-haired boneheaded lawsuit that Donald Trump brought against comedian Bill Maher. As you may recall, Trump accused Maher of breach of contract based on a joke that Maher had made...more

Food Litigation Newsletter - February 2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

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