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Malicious Prosecution Law
Xcentric Ventures, LLC v. Lisa J. Borodkin

Xcentric Ventures appeals the district court’s grant of
summary judgment and judgment on the pleadings in favor of
defendants Mobrez and Llaneras and Rule 12(b)(6) dismissal
of defendant Borodkin in Xcentric’s malicious prosecution
action. We have jurisdiction pursuant to 28 U.S.C. § 1291


and review de novo. We agree with the distri... More...
   $0 (08-25-2015 - AZ)

Albert Morris and Tilda Morris, et al. v. Unified Housing Foundation Inc., et al.

Appellants were the plaintiffs in this suit for personal injuries, “malicious” contract breaches arising from an apartment lease, and federal civil rights violations. Their claims arose from an incident in which appellant Albert Morris was allegedly assaulted and injured without justification by an off-duty Parkland Hospital police officer and by City of Dallas police officers in the parking lot o... More...   $0 (08-24-2015 - TX)

Lee v. Hanley

Code of Civil Procedure section 340.6, subdivision (a) (hereafter section 340.6(a)) provides: “An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the w... More...   $0 (08-20-2015 - CA)

Albert A. Gore v. Al Jazeera America Holdings I, Inc.

Because we are reviewing an order granting summary judgment in favor of Defendants-Appellees and a motion to reconsider that order, the following factual summary is based on the facts as averred by Plaintiff-Appellant Bryan Santini (“Santini”).1 This appeal arises from an altercation between Santini and several members of the New Jersey State Police that took place on February 3, 2009. (Deposition... More...   $0 (08-16-2015 - NJ)

Robert Cahaly v. Paul LaRosa, III

Robert C. Cahaly, a self-described Republican political consultant, was arrested for alleged violations of South Carolina’s anti-robocall statute. After the charges were dismissed, Cahaly filed suit, challenging the statute on three First Amendment grounds: as an unlawful regulation of speech, as impermissibly compelling speech, and as unconstitutionally vague. Cahaly also sought damages from the ... More...   $0 (08-06-2015 - SC)

Bryan M. Santini v. Colonel Joseph H. Fuentes

Appellant Bryan M. Santini appeals from two final
decisions of the District Court for the District of New Jersey:
(1) its September 18, 2013 decision granting summary
judgment against him and (2) its May 6, 2014 decision
denying his motion seeking reconsideration of the court’s
September decision. Santini v. Fuentes, Civ. Act. No. 11-639-
JAP, 2013 WL 5554257, at *6 (D.N.J.... More...
   $0 (08-06-2015 - NJ)

Leroy Davis v. Javier Velez, James Lukeson and Gary Calhoun

13 Defendants Javier Velez and James Lukeson, officers in the New York City Police
14 Department ("NYPD"), and defendant Gary Calhoun, an NYPD sergeant, appeal from a judgment
15 entered in the United States District Court for the Eastern District of New York following a jury trial
16 before Jack B. Weinstein, Judge, ordering Velez and Lukeson each to pay plaintiff Leroy Davis
17 $... More...
   $0 (08-04-2015 - NY)

Klotz v. Milbank,Tweed, Hadley & McCloy

Defendants Milbank, Tweed, Hadley & McCloy (Milbank) and Deborah Festa (Festa) appeal the trial court‘s order overruling their demurrer and denying their motion to strike the First Amended Complaint under Civil Code section 1714.10.1 Plaintiffs SageMill LLC (SageMill), Adam Klotz (Klotz) and Richard Spitz (Spitz) alleged that a former business associate of theirs, Stephen Bruce (Bruce), who was a... More...   $0 (07-28-2015 - )

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Louis Dana Gradisher v. City of Akron

One afternoon, plaintiff Louis Dana Gradisher consumed multiple
alcoholic drinks, then made several erratic phone calls to 911 complaining about someone with a
gun. When officers from the City of Akron Police Department arrived at his residence and
Gradisher locked his door and retreated upon seeing them, they feared that someone inside might
No. 14-3973 Gradisher v. City of ... More...
   $0 (07-24-2015 - OH)

Christopher J. Weiland v. Palm Beach County Sheriff's Office

Nearly one hundred and thirty years ago, one of Georgia’s greatest judges described the ideal in pleading:
Pleading is pure statement; just as much as a letter addressed to your sweetheart or your wife or your friend. The plaintiff complains that he has such a case, and he tells you what it is. The defendant says either that that is not so, or something else is so, and he makes his statement. ... More...
   $0 (07-12-2015 - FL)

Woods View II, LLC v. Kitsap County

Appellants Woods View II, LLC (WVII) and Darlene Piper appeal
from the superior court' s grant of summary judgment in Kitsap County' s ( the County) favor on
WVII' s claims of negligence, tortious interference, and takings. These claims arise from the
alleged delay of several permits and governmental decisions required•for a project ofWVII. WVII
and Piper argue that ( 1) their cl... More...
   $0 (06-09-2015 - WA)

Douglas Rubins v. The People of the State of Texas

This is an appeal from a dismissal of Douglas Rubins’ civil rights claims against the “People of the State of Texas.” In May of 2012, Rubins had originally sued Texas and various other entities or individuals. Some were dismissed based on a plea to jurisdiction. That issue was appealed, which appeal was subsequently dismissed. Thereafter, Rubins requested the trial court for permission to co... More...   $0 (06-04-2015 - TX)

Gary Greene v. Bank of America

This matter, before us for the second time, concerns plaintiff and appellant Gary Greene’s malicious prosecution action against defendants and respondents Bank of America (Bank) and its employee Jenny Casasola.1 In his action, plaintiff alleged that he went to a branch of the Bank to cash two checks he received from State Farm Insurance in settlement of a claim. When the Bank refused to cash the... More...   $0 (05-28-2015 - CA)

David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h... More...   $0 (05-20-2015 - TX)

Portfolio Recovery Associates, LLC v. Maria Guadalupe Mejia Alcantara

Kansas City, MO - Portfolio Recovery Associates, LLC sued Maria Guadalupe Mejia Alcantara on a breach of contract theory claiming that she owed a debt of $1,130.14 on a credit card. Alcantara denied that she owed the debt and counterclaimed on malicious prosecution and violation of the Fair Debt Collection Practices Act.... More...   $82251000 (05-16-2015 - )

Sina Faton v. Bashar Ahmedo

Bashar Ahmedo appeals from an order requiring him to pay attorney fees incurred by Sina Faton to obtain a domestic violence restraining order against him. He asserts the fee award was improper because the fees were not requested in a timely or proper manner and they were unsupported by the evidence. We reject these contentions and affirm.
As we shall... More...
   $0 (05-15-2015 - CA)

Ralph D. Armstrong v. Karen D. Daily

Plaintiff Ralph Armstrong was imprisoned for 29 years for the rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, and in 2009 a Wisconsin state judge dismissed the charges entirely because the prose-cution had destroyed key exculpatory evidence, rendering a fair trial impossible. Armstrong then brought this civil suit
2 Nos. 13-... More...
   $0 (05-15-2015 - WI)

Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p... More...
   $0 (04-15-2015 - OR)

F. Wood Boyce v. T.D. Service Company

"There are no free houses." These are the words of the bankruptcy judge who allowed the instant home foreclosure to go forward. It rejected appellant's theory of "wrongful foreclosure." Thereafter, the same theory was rejected in an unlawful detainer proceeding. Undeterred, appellant F. Wood Boyce sued his lender for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a m... More...   $0 (03-23-2015 - CA)

In Re: Rosa Maria Trujillo

In this petition for writ of mandamus, Rosa Maria Trujillo contends that the trial court clearly abused its discretion in denying her discovery requests for various medical and counseling records concerning defendant Jorge Llamas-Soforo. Finding the petitioner has failed to provide us with a sufficient record from which to determine abuse of discretion, we deny the writ.
Rosa Maria T... More...
   $0 (02-25-2015 - TX)

Deborah Barkley v. McKeever Enterprises Inc. d/b/a Price Chopper

Deborah Barkley (“Barkley”) sued McKeever Enterprises, Inc. (“Price Chopper”), alleging various torts arising out of her 46-minute detention at Price Chopper for suspected shoplifting. At the close of the evidence, Barkley elected to submit only her claims for false imprisonment and battery to the jury. The jury found for Price Chopper on both claims. Barkley appeals, and the judgment is a... More...   $0 (02-24-2015 - MO)

Abby Tiscareno v. Lori Frasier

In November 2003, a child (N.M.) experienced a severe brain injury
that left him permanently disabled. Ms. Abby Tiscareno, N.M.’s daycare
provider at the time, was blamed for this injury and prosecuted for child
abuse. But after two trials, Ms. Tiscareno was acquitted.
Ms. Tiscareno and her husband, Mr. Gillermo Tiscareno, have
invoked 42 U.S.C. § 1983 against two of the def... More...
   $0 (02-23-2015 - UT)

Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T... More...
   $0 (12-10-2014 - MA)

David Ayers v. City of Cleveland

David Ayers spent 12 years in prison based on a state-court murder conviction that was later overturned. He was freed in 2011 after this court

No. 13-3413 Ayers v. City of Cleveland, et al. Page 2
granted his petition for a writ of habeas corpus, finding that the detectives leading the murder investigation—Michael Cipo and Denise Kovach—had violated Ayers’s Sixth Amendment right... More...
   $0 (12-02-2014 - OH)

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