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Malicious Prosecution Law
 
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)

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)

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