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Malicious Prosecution Law
 
Charles A. Rehberg v. James P. Paulk

In this § 1983 action, Plaintiff Charles Rehberg sued former District Attorney Kenneth Hodges, specially appointed prosecutor Kelly Burke, and Chief Investigator James Paulk, alleging federal claims for malicious prosecution, retaliatory investigation and prosecution, evidence fabrication, and conspiracy to violate Rehberg’s constitutional rights. Defendants Hodges, Burke, and Paulk, in their i... More...   $0 (03-11-2010 - GA)

Dixon Financial Services v. James Chang

In one issue, appellants, Dixon Financial Services, Ltd. (“Dixon Financial”) and Hyperdynamics Corporation (“Hyperdynamics”), contend that the trial court erred by granting summary judgment in favor of appellees, James Chang, Nick H. Johnson, Riley L. Burnett, Jr., and Johnson, Burnett & Chang, L.L.P.

We affirm.

Background Footnote

In September 1999... More...
   $0 (02-18-2010 - TX)

Joe H. Bryant, Jr. v. Military Department of the State of Mississippi

Col. (Ret.) Joe H. Bryant (“Bryant”), a former member of the Mississippi Air National Guard’s (“MSANG”) 186th Refueling Wing, sued MSANG and individual MSANG officials (“Individual Appellees”), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant’s claims against individual Appellee F. Gregory Malta in his individual 1... More...   $0 (02-17-2010 - MS)

Architex Association, Inc. v. Scottsdale Insurance Company

¶1. The parties and amici1 assert the matter before this Court is a case of first impression. This Court is called upon to determine whether Architex Association, Inc.’s (“Architex”) intentional hiring or utilization of subcontractors to perform work on one of its projects negates coverage included in the Commercial General Liability (“CGL”) coverage part of three separate “Commercial... More...   $0 (02-11-2010 - MS)

Melvin Sternberg v. Logan T. Johnston, III,

The filing of a bankruptcy petition immediately gives rise to an automatic stay. The stay applies to block or freeze most judicial actions against a debtor. It also permits a debtor to recoup any “actual damages,” including attorney fees, that result from a willful stay violation. See 11 U.S.C. § 362. This case presents questions both as to when a willful stay violation occurs and as to what ... More...   $0 (02-09-2010 - AZ)

Joseph Griffin v. Burlington Volkswagen, Inc.


In August 2006, plaintiff Joseph Griffin purchased a car from defendant Burlington Volkswagen. This purchase required Griffin to obtain financing. According to Griffin, he was assured at the time of the sale by defendant Augustine Staino, an employee of Burlington Volkswagen, that he had already been approved for such financing. After paying a $1,000 deposit and signing a retail order form, G... More...
   $0 (02-09-2010 - NJ)

Prince George's County, Maryland v. Keith Longtin

We are asked in this appeal to determine whether Maryland’s expansive damage remedy for State constitutional violations is subject to key strictures of the statutorily-created Local Government Tort Claims Act (LGTCA), Md. Code (1973, 2006 Repl. Vol.), Courts and Judicial Proceedings Article (C&JP) §§ 5-301 et seq. This question arises in the context of allegations by appellee and cross-appella... More...   $0 (01-28-2010 - )

Associated Insurance Service, Inc. v. Daniel Garcia, M.D. and Rita Garcia

In this case, we are asked to consider two issues of first impression in Kentucky: whether professional negligence claims against an insurance agent and an insurance broker are assignable ; and, if so, whether such assignment, when coupled with a settlement agreement as to damages and a covenant not to execute, is illusory or void as against public policy.

The Star of Louisville ("the Star"... More...
   $0 (01-21-2010 - KY)

Dawn Georgette Myers v. Central Florida Investments, Inc., David Siegel, et al.

Defendants Central Florida Investments, Inc., Westgate Resorts, Inc., Westgate Resorts, Ltd., CFI Sales and Marketing, Ltd., and David Siegel appeal and plaintiff Dawn Georgette Myers cross-appeals the judgment of the district court, after a jury trial, in favor of Myers in the amount of $610,469.84. Myers recovered $103,622.09 in compensatory damages and $506,847.75 in punitive damages arising fr... More...   $0 (01-06-2010 - FL)

Maria Avila v. Maria Pappas, et al.

Shortly before the date of her disciplinary hearing at the Cook County Treasurer’s Office, Maria Avila told a friend (and co-worker) that she could “go postal”; she advised the friend to duck. Concerned that Avila might be serious, the friend told her superiors. Police attended the hearing, and the implied threat became another ground of discipline. Avila was fired and criminally prosecuted.... More...   $0 (01-04-2010 - IL)

World Outreach Conference Center and Pamela Blossom v. City of Chicago

We have consolidated for decision two cases presenting the recurring issue of the rights of religious organizations to avoid having to comply with local land-use regulations. Analysis requires threading our way through a maze of statutory and constitutional provisions and we begin there, which is to say with the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ ... More...   $0 (12-30-2009 - IL)

Bernard Scarborough v. Dillard's Inc.

The issue before the Court on this appeal is whether the trial court erred in granting defendant judgment notwithstanding the verdict as to punitive damages. For the reasons stated herein, we conclude that the trial court did not err, and the decision of the Court of Appeals is reversed.

This case arises out of an action for malicious prosecution instituted by plaintiff Bernard Scarborough ... More...
   $0 (12-24-2009 - NC)

Mieczyslaw Karwowski v. Andrew Fardy

The plaintiff Mieczyslaw Karwowski1 appeals from the summary judgment rendered by the trial court in favor of the defendants Andrew Fardy and Travelers Indemnity Company (Travelers) in this malicious prosecution case. On appeal, the plaintiff claims that the court improperly granted the defendants’ motion for summary judgment, failing to view the evidence in the light most favorable to him as th... More...   $0 (12-22-2009 - CT)

Michael James Evans v. Multnomah County, Richard Hathaway and Robert Griffith

Michael James Evans, age 42, sued Multnomah County Oregon Sheriff's Deputies Richard Hathaway and Robert Griffith on civil rights violation theories under 42 U.S.C. 1983 claiming that they used excessive force when they forced him to the floor and punched him numerous times after he tugged his arm away from Deputy Hathaway's grasp while being booked after being arrested on a domestic assault and b... More...   $500 (12-18-2009 - OR)

Minto Grain, L.L.C. v. Mark L. Tibert

[¶1] Mark Tibert, Melvin Tibert, Suzi Tibert, and William "Bill" Tibert ("Tiberts") appealed from a district court judgment entered after a jury verdict in favor of Minto Grain, LLC, William Slominski, and Katherine Slominski (collectively "Minto Grain") and against Tiberts jointly and severally in the amount of $455,000. Judgment against William "Bill" Tibert was limited to $305,000. We conclude... More...   $0 (12-17-2009 - ND)

Clyde L. Bennett v. R&L Carriers, Inc.

Clyde L. Bennett, age 53, sued R&L Carriers, Inc. on malicious prosecution, false arrest, slander and other personal injury theories claiming that his former employer wrongfully and falsely accused him of stealing computer equipment out of the warehouse where he work. The charges filed against him were dismissed.

Defendant denied wrongdoing.... More...
   $3200000 (12-11-2009 - )

Prediwave Corporation v. Simpson Thacher & Bartlett, L.L.P., et al.

PrediWave Corporation (PrediWave) sued Simpson Thatcher & Barlett LLP ("defendant law firm"), attorney George M. Newcombe, and attorney Alexis S. Coll-Very, who had previously represented both PrediWave and its former president and CEO, Jianping "Tony" Qu ("Qu"). Defendants successfully brought a special motion to strike under the anti-SLAPP statute (Code Civ. Proc., § 425.16).1 PrediWave appeals... More...   $0 (12-02-2009 - CA)

Robin L. Pepper v. Routh Crabtree, P.C., et al.

Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney. ... More...   $0 (11-20-2009 - AK)

Dr. Lynda McKinnon v. Dr. Wajdi Dbouk

Dr. Lynda McKinnon sued Dr. Wajdi Dbouk on breach of contract and malicious prosecution theories claiming that she was damaged as a result of complaints made by Defendant to a medical licensing board seeking sanctions against her. McKinnon alleged that Dr. Dbouk closed the practice that he bought from her a few months after he purchased the practice.

The defenses asserted are not availabl... More...
   $187500 (11-07-2009 - SC)

Sharice Green v. John B. Mattingly

Plaintiff-appellant Sharice Green (“plaintiff” or “Green”) brought this action on behalf of
herself and her child claiming that defendants-appellees violated the United States Constitution and
New York law when they successfully petitioned the Family Court of the State of New York
(“Family Court”) for an order temporarily removing plaintiff’s child from her custody. The D... More...
   $0 (10-22-2009 - )

Ken Landis, et al. v. Marc Realty, L.L.C., et al.

More than four years after they vacated their apartment, plaintiffs Ken and Ana Landis filed suit against defendants Marc Realty, L.L.C., and Elliott Weiner, for the damages provided for in subsection (f) of section 5–12–080 of the Chicago Residential Landlord and Tenant Ordinance (RLTO) (Chicago Municipal Code §5–12–080(f) (amended May 14, 1997)), based on the defendants’ failure to re... More...   $0 (10-17-2009 - IL)

Dr. Michael Peterson, D.C. v. Ken Ray Underwood

¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1

FACTS

¶2 This litigation began when Snider, a truck driver, suffered a job-related injury... More...
   $0 (10-16-2009 - OK)

Ibrihim Kiswani v. Phoenix Security Agency, Inc., et al.

Plaintiff-Appellant Ibrihim Kiswani (“Kiswani”) appeals from the magistrate judge’s order that denied reconsideration of his post-trial motions. Because Kiswani failed to meet our quaint rules on timing of appeals, the magistrate judge’s opinion is affirmed.

I. BACKGROUND

Kiswani was arrested outside a nightclub on July 31, 2004, and charged with aggravated unlawful use of a ... More...
   $0 (10-16-2009 - IL)

Nanodetex Corporation v. Defiant Technologies

Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying up” Defiant in litigation so that it could not pursue its business plan and would be forced to merge its business into Nanodetex’s. At trial, the jury agreed and awarded Defiant $2,000,001 in damages. Nanodetex now appeals this result. In this diversity disp... More...   $0 (10-15-2009 - NM)

Martin Droz v. P.J. McCadden

Defendant-Appellant State Trooper P.J. McCadden appeals
22 from an order of the district court (David N. Hurd, Judge)
23 denying his motion for summary judgment in this action against
24 him under 42 U.S.C. § 1983 based on allegations of false arrest
25 and malicious prosecution. The grounds for the motion are that
26 McCadden was entitled to qualified immunity. We conclude th... More...
   $0 (10-13-2009 - NY)

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