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Malicious Prosecution Law
 
James Owens v. Baltimore City State's Attorneys Office

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State’s Attorney’s Office, an assistant State’s Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape... More...   $0 (09-24-2014 - MD)

Jon Davler, Inc. v. Arch Insurance Company

A group of employees brought an action against their employer, Jon Davler, Inc., for various employment claims, including sexual harassment, invasion of privacy, and false imprisonment. Jon Davler tendered the action to its insurer, Arch Insurance Company, which denied coverage based on an employment-related practices exclusion. After Jon Davler filed this insurance coverage action against Arch, t... More...   $0 (09-15-2014 - CA)

Alberto Daniel Saucedo Suarez v. City of Corona

Alberto Daniel Saucedo Suarez and his attorneys, Allan F. Davis and the law firm of Robinson Calcagnie Robinson Shapiro Davis, Inc. (together, the Attorneys and with Suarez, Appellants), appeal from the trial court's award of attorney fees and costs to the City of Corona (the City) under Code of Civil Procedure section 1038 (section 1038). (Undesignated statutory references are to this code.) Appe... More...   $0 (08-29-2014 - CA)

William Parrish v. Latham & Watkins

In a prior litigation, FLIR Systems, Inc. and Indigo Systems Corporation (collectively, FLIR) brought suit against their former employees, William Parrish and E. Timothy Fitzgibbons (collectively, Former Employees) for, among other things, misappropriation of trade secrets (the underlying action). Former Employees were successful in defeating the underlying action. Moreover, they obtained a ruling... More...   $0 (08-27-2014 - CA)

Michael Seiser v. City of Chicago and Debra Kirby

Chicago police officer Michael Seiser
was arrested and subjected to a breathalyzer examination after
several witnesses reported seeing him drinking from an
alcoholic beverage container while driving his personal vehicle.
After the breathalyzer detected no alcohol in his bloodstream,
he was cited for driving a motor vehicle with an open container
of alcohol in the passenger ... More...
   $0 (08-12-2014 - IL)

Nancy F. Lee v. William B. Hanley

Plaintiff and appellant Nancy F. Lee hired Attorney William B. Hanley to represent her in certain civil litigation. After the litigation settled, Lee sought a refund of unearned attorney fees and unused expert witness fees she had advanced to Attorney Hanley. Not having received a refund, Lee hired Attorney Walter J. Wilson and terminated the services of Attorney Hanley. Attorney Hanley thereafter... More...   $0 (08-08-2014 - CA)

Cynthia Paroski v. Stavick2 Inc. d/b/a Tropix

Cynthia Paroski appeals the trial court’s judgment in favor of Stavick2 Inc. d/b/a Tropix (Tropix). In several issues, Paroski generally contends the trial court erred in entering judgment against her because there was no enforceable contract between Tropix and the employee she hired, and (2) Tropix engaged in a fraudulent transfer. For the following reasons, we affirm the trial court’s judgme... More...   $0 (07-30-2014 - TX)

Kathryn Settle v. State of California

A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says the server. We, like the server who cannot add or substitute entries on the menu, cannot add or substitute words in a statute.
Code of Civil Procedure 1038 requires a mandatory award of defense costs where the trial court grants summary judgment and f... More...
   $0 (07-23-2014 - CA)

Douglas Gotterba v. John Travolta

Here we hold that a declaratory relief action filed in response to an
attorney's letters threatening litigation over a contract dispute does not come within the
provisions of a strategic lawsuit against public participation ("SLAPP"). (Code Civ.
Proc., § 425.16.)1
John Travolta, Atlo, Inc., a Delaware corporation, Constellation
Productions, Inc., a California corporation, and ... More...
   $0 (07-22-2014 - CA)

Monira Ulkarim v. Westfield, LLC

Monira Ulkarim appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16)1 her complaint against Westfield LLC (Westfield). She alleges several counts against Westfield relating to the termination of a lease allegedly in violation of a lease agreement. Plaintiff contends her complaint does not arise from protected activity under the anti-SLAPP statute and she established a p... More...   $0 (07-17-2014 - CA)

Brett S. Stetter v. Alan Richardson

In this consolidated appeal, Brett J. Stettner (“Stettner”) appeals two trial
court orders: (1) denying his motion to set aside clerk’s default, to vacate default
final judgment and to quash a writ of garnishment; and (2) denying his motion to
set aside sheriff’s sale. For the reasons that follow, we reverse both orders.
On May 14, 2012, Stettner filed a Petition for Injunc... More...
   $0 (07-16-2014 - FL)

Nancy F. Lee v. William B. Hanley

Plaintiff and appellant Nancy F. Lee hired Attorney William B. Hanley to
represent her in certain civil litigation. After the litigation settled, Lee sought a refund of
unearned attorney fees and unused expert witness fees she had advanced to Attorney
Hanley. Not having received a refund, Lee hired Attorney Walter J. Wilson and
terminated the services of Attorney Hanley. Attorney H... More...
   $0 (07-15-2014 - CA)

Stephen Hoffmeyer v. Michael Porter

Stephen Hoffmeyer and Anthony Wichlan filed this 42 U.S.C. § 1983 suit
against Water Patrol Officers Michael Porter and Thomas Belote (collectively, “the
officers”), alleging false arrest and retaliation. The case proceeded to trial. After a
jury returned a defense verdict on both claims, the district court1 denied a motion for
a new trial brought by both Hoffmeyer and Wichlan... More...
   $0 (07-15-2014 - MO)

Anthony Stonecipher v. Special Agent Carlos Valles

Anthony and Melissa Stonecipher became targets of an investigation into their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pleaded guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which makes it illegal for ... More...   $0 (07-01-2014 - NM)

In re McRay, Richardson, Santana, Wise and Salaam Litigation

Five young men were badgered into confessing to a crime they did not commit sued The New York County District Attorney's Office on civil rights violations under 42 U.S.C. 1983 claiming that their civil rights were violated and they were wrongfully convicted of a crime they did not commit. The Plaintiffs, ranging in age from 14 to 16 at the time of their arrests, claimed that they were coerced into... More...   $40000000 (06-20-2014 - NY)

Mark and Rhonda Lesher v. Shannon and Gerald Coyel and Val Varley

Following their criminal prosecution and acquittal for the aggravated sexual assault of Shannon Coyel, appellants Mark and Rhonda Lesher sued Shannon for malicious prosecution and also sued her, her husband Gerald Coyel, and prosecutor Val Varley for violations of title 42, sections 1983 and 1985 of the United States Code. Shannon, Gerald, and Varley each filed a motion for summary judgment, which... More...   $0 (06-16-2014 - TX)

Darrell Cannon v. Jon Burge, former Chicago Police Lieutenant

This appeal casts a harsh light on some of the darkest corners of life in Chicago. The plaintiff, at the time of the events giving rise to this suit, was a general in the El Rukn street gang, out on parole for a murder conviction, when he became embroiled in a second murder. Among the defendants are several disgraced police officers, including the infamous Jon Burge, a man whose name evokes shame ... More...   $0 (05-28-2014 - IL)

Johnny Robertson v. Lee Lucas

Plaintiffs-appellants Johnny Robertson, Nolan Lovett, Arrico Spires, Charles Matthews, Marlon Brooks, and Tyron Brown appeal the district court’s grant of summary judgment to defendants-appellees Lee Lucas, Robert Cross, Thomas Verhiley, Jamaal Ansari, Chuck Metcalf, Matt Mayer, and Larry Faith, and the district court’s dismissal of appellants’ claims against Richland County and the City of ... More...   $0 (05-28-2014 - OH)

Pablo Morales v. City of New York

30 Plaintiff Pablo Morales appeals from a judgment of the United States
31 District Court for the Southern District of New York (Crotty, J.), dismissing
32 his Second Amended Complaint against the City of New York, the New York
33 City Police Department (“NYPD”), and four individual State and Federal law
3
1 enforcement officials. Morales brought this action against the ind... More...
   $0 (05-16-2014 - NY)

Sara Lesende and Victor Lesende v. Police Officer Arnold Borrero

This matter requires application of well-settled legal doctrines to an unusual set of facts. As detailed below, Sara Lesende (“Lesende”) and her husband, Victor Lesende, brought suit against the City of Newark (“the City”) and Police Officer Arnold Borrero. Following a five-day trial, a jury found that both Officer Borrero and the City were liable and awarded Lesende $2,700,000 in compensa... More...   $0 (05-15-2014 - NJ)

Mega RV Corporation v. HWH Corporation

This case began with a prosaic dispute. John and Dawn Ertz (collectively the Ertzes) purchased a motor home from retailer Mega RV Corporation (Mega RV). Citing alleged defects in the motor home, the Ertzes sued Mega RV, Country Coach, L.L.C. (Country Coach; the manufacturer of the motor home), and Bank of America, N.A. (Bank of America; the financier of the transaction) under the Song-Beverly Cons... More...   $0 (04-30-2014 - CA)

Shomarie L. Thurmond v. Wayne County Sheriff Departement

This is a second appeal from a judgment of the district court in this case. The litigation involves numerous claims under federal and state law stemming from plaintiff Shomarie L. Thurmond’s arrest and ensuing 35-day detention in Detroit in 2005.

In the first appeal, a panel of this court affirmed in part the lower court’s summary judgment ruling in favor of defendant police officers ... More...
   $0 (04-28-2014 - MI)

Byron Halsey v. Frank Pfeiffer

The facts underlying this appeal—many of which are undisputed—are hardly believable. Plaintiff-Appellant, Byron Halsey, a young man with limited education, learned that the two small children for whom he had been caring had been tortured and murdered. He wanted to help in the investigation of these heinous crimes but found himself isolated in a police interview room, accused of the murders, to... More...   $0 (04-24-2014 - NJ)

Roger Cleveland Golf Company, Inc. v. Krane & Smith, P.C.

In this case, we address the applicable statute of limitations when an attorney is sued for malicious prosecution. Almost thirteen months after the resolution in the trial court of Sportsmark Trading, Ltd. v. Roger Cleveland Golf Company, Inc. (Super. Ct. L.A. County, 2007, No. BC365228) (the Sportsmark action), Roger Cleveland Golf Company, Inc. (RCG), the defendant therein, filed a malicious pro... More...   $0 (04-15-2014 - CA)

Veronica L. Davis v. James A. West and Houston Reporting Services

This is the fourth appeal arising out of two lawsuits regarding court reporter fees. In the first lawsuit filed in justice court, Houston Reporting Services (HRS) alleged that Veronica Davis, an attorney, breached her contractual obligation to pay for deposition transcripts. HRS obtained a post-answer default judgment

2

against Davis, and then used a court-appointed receiver to remov... More...
   $0 (03-27-2014 - TX)

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