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Malicious Prosecution Law
 
Alex Ramsey v. Yavapai Family Advocacy Center

¶1 Alex Ramsey (Ramsey) appeals the trial court’s grant of summary judgment in favor of LaRayne Ness (Ness), Judy Denton and Yavapai Community Hospital Association (collectively, Denton), Brenda Sheets (Sheets), and Yavapai Family Advocacy Center (YFAC) (collectively, Defendants).1 For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 Ramsey and his ex-wife, A... More...
   $0 (07-13-2010 - AZ)

Brian J. Kennedy v. Town of Billerica

We affirm in part and reverse in part in this contentious civil rights case brought by a family of plaintiffs, the Kennedys, against the Town of Billerica, Massachusetts, and numerous individual police officers. Before us are cross-appeals from jury verdicts and court rulings in the two trials in this bifurcated case.

Specifically, we hold that error in instructing the jury in the... More...
   $0 (07-13-2010 - MA)

Eugene McCumons v. J. Marougi

In this appeal, a police officer challenges the district court’s summary-judgment order denying his request for qualified immunity from a false-arrest action filed under § 1983. We affirm.

I.

On August 10, 2007, Officer Marougi went to Hawthorne Park, located in Pontiac, Michigan, to work undercover in response to “numerous and recurring complaints” about “open sexual activi... More...
   $0 (07-12-2010 - MI)

Randy E. Roberts v. City of Phoenix

¶1 The City of Phoenix (“City”) appeals the trial court’s order striking its answer and the resulting default judgment entered against the City as a sanction for discovery violations. The City also challenges the amounts awarded for damages and attorneys’ fees. Randy E. Roberts cross-appeals from the judgment, asserting the court erred in failing to award the full amounts of the damages a... More...   $0 (07-01-2010 - AZ)

Monique J. Harrington v. City of Nashua, et al.

This appeal involves the timing and elements of causes of action brought under 42 U.S.C. § 1983 for alleged Fourth Amendment violations in the nature of false imprisonment and malicious prosecution. In the course of addressing those matters, however, we must iron out a wrinkle concerning the scope and effect of a judicial admission. Ruling at the summary judgment stage, the district court found f... More...   $0 (07-01-2010 - NH)

Vermont Mutual Insurance Company v. Parsons Hill Partnership, Willard Group, Poulin Group and Fortin

Plaintiff insurance carrier, Vermont Mutual Insurance Company, sought a declaration in Washington Superior Court that landlord’s liability insurance policies do not cover tenants’ claims for breach of an implied warranty of habitability. The trial court granted insurance carrier’s motion for summary judgment on the issue. Defendants Parsons Hill Partnership,[1] Willard Group,[2] Poulin Gr... More...   $0 (06-04-2010 - )

Lucky United Properties Investment, Inc., et al. v. Albert Lee

Albert Lee (Lee) appeals from an order that granted respondents‘ motion to compel Lee to acknowledge the satisfaction of a prior order for attorney fees and costs (Code Civ. Proc., § 724.050) and denied in part Lee‘s motion for other attorney fees and costs incurred in the proceeding.1 The appeal reflects the complexities that can arise when a party who prevailed on an anti-SLAPP motion to st... More...   $0 (05-28-2010 - CA)

Jack Wade Fletcher v. Jerome Burkhalter

Jack Wade Fletcher (Plaintiff Fletcher) sued McIntosh County Deputy Sheriff Jerome Burkhalter1 under 42 U.S.C. § 1983. He alleged that Deputy Burkhalter had violated his rights under the Fourth Amendment (as applied to the states under the Fourteenth Amendment, see Mapp v. Ohio, 367 U.S. 643, 655 (1961)), by signing a probable-cause affidavit that led to his improper arrest for engaging in a frau... More...   $0 (05-24-2010 - OK)

Stephen Harris v. Bradley Memorial Hospital and Health Center, Inc.

This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur... More...   $0 (05-18-2010 - CT)

Walter Dique v. New Jersey State Police

This appeal presents the question of when Walter Dique’s Fourteenth Amendment selective-enforcement claim accrued.

Dique appeals the District Court’s final order, granting summary judgment in favor of Clinton Pagano, John Mulvey, and Glen Vona (Officers) on his claim because it was time barred. Dique Because D 1 ique appeals from an order granting summary judgment, we view the evidence ... More...
   $0 (05-08-2010 - NJ)

Daren Jensen v. Lars M. Wagner

There is perhaps no more delicate constitutional barrier protecting individual freedom from governmental interference than that which protects against state interference with parental autonomy. The Supreme Court has long recognized that “[t]he child is not the mere creature of the state,” Pierce v. Society of Sisters, 268 U.S. 510, 535 (1925), and that “the custody, care and nurture of the c... More...   $0 (05-05-2010 - UT)

Melanie L. Valadez v. Emmis Communications and Todd Spessard

Emmis Communications and Todd Spessard appeal from the jury verdict decided against them in a tort action relating to their news coverage of the arrest of a suspect in the BTK case. Melanie Valadez, the administrator of the Estate of Roger G. Valadez (Estate), cross-appeals from the judgment of the district court limiting the amount and scope of damages.

From 1974 to 1986, a series of at le... More...
   $0 (04-30-2010 - KS)

John F. Tamburo v. Steven Dworkin

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He ... More...   $0 (04-08-2010 - IL)

Sprint Communications Company, L.P. v. Albert E. Leggett, III

We granted discretionary review in this matter to consider issues relating to a landowner's abuse of process claim and other related claims, against a long-distance telephone communications carrier for its conduct in attempting to use the power of eminent domain to acquire the landowner's property. Specifically, we consider whether the tort of abuse of process may be established solely on the basi... More...   $0 (04-08-2010 - KY)

Kevin Fox v. Edward Hayes, Michael Guilfoyle, Scott Swearengen, Brad Wachtl and Will County

The central event underlying this case evokes what is surely every parent’s most visceral fear. In the early morning hours of June 6, 2004, three-yearold Riley Fox was taken from her home in Wilmington, Illinois. She was bound with duct tape, sexually assaulted, and drowned in a creek. Riley’s parents, Kevin and Melissa Fox, claim that in the midst of their efforts to cope with this trauma, lo... More...   $0 (04-07-2010 - IL)

Melanie Briner, et al. v. City of Ontario, et al.

The plaintiffs appeal the grant of summary judgment to the defendants in this action for retaliation and related claims arising from the removal of their business from a municipal towing list. For the reasons that follow, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings consistent with this opinion.

BACKGROUND

This case arises out of a series of disputes between... More...
   $0 (03-26-2010 - OH)

Moshe Tal v. Kirk Humphreys, et al.

Moshe Tal sued Bill Burkett on a malicious prosecution theory claiming that Burkett wrongfully sued him on a libel theory.

The defenses asserted by Defendant are not available.... More...
   $74000 (03-26-2010 - OK)

Carnelita Stokes v. Board of Education of the City of Chicago

On January 23, 2007, Principal Johnny Banks encountered what looked like a fight among several adult women in the office of his Chicago elementary school. At Principal Banks’ request, the police arrested four women. After criminal charges were dropped, two of the women sued Principal Banks and the Board of Education of the City of Chicago. Plaintiffs Nyokia and Carnelita Stokes are the mother an... More...   $0 (03-19-2010 - IL)

Dillingham-Ray Wilson v. City of Los Angeles

The City of Los Angeles (City) obtained millions of dollars worth of construction work that it does not want to pay for. It believes it is absolved of any obligation to pay by Public Contracts Code section 71071 and Amelco Electric v. City of Thousand Oaks (2002) 27 Cal.4th 228 (Amelco) on the theory that they dictate a method of proving contract damages, a method that the contractor, Dillingham-R... More...   $0 (03-18-2010 - CA)

Michael Tully v. Rush County Prosecutor Paul Barada, et al.

Michael Tully sued Paul Barada and Catherine Custer under 42 U.S.C. § 1983, asserting that they violated his rights under the Fourth and Fourteenth Amendments by summoning him into court and initiating juvenile proceedings against him without probable cause. The district court dismissed Tully’s case for failure to state a claim upon which relief can be granted. We affirm.

I. BACKGROUNDMore...
   $0 (03-17-2010 - IN)

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)

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