In the view of one court, the action of an attorney who signed and amended a complaint without first reading the complaint did not constitute malice sufficient to support a malicious prosecution
COURT'S OPINION: The case was a case of first impression for the Supreme Court of Tennessee, which held, inter alia, that a voluntary nonsuit taken according to the Tennessee Rules of Civil Procedure is not a termination on the merits for the purposes of a malicious prosecution
claim and affirmed the Court of Appeals.
However, situations arise whereby the opposing party will bring a malicious prosecution
cause of action against both plaintiff and plaintiff's counsel alleging that the malicious prosecution
lies in the bringing of such a lawsuit, which should not have been brought in the first place.
The district court denied part of McAfee's anti-SLAPP (Strategic Lawsuits Against Public Participation) motion to dismiss the malicious prosecution
claim because of conflicting evidence regarding what information McAfee turned over to the government, but granted its motion to strike Roberts' defamation and false light claims as time-barred.
Nguyen sued Burgerbusters for malicious prosecution
, arguing that if the company had conducted its investigation properly, it would have determined that nothing improper had occurred, and it would not have contacted the police.
Edward Ortiz and current Officer Paul Harper, who claimed they were victims of false arrest and malicious prosecution
by the city as a result of a case that once was touted as the worst scandal in Los Angeles Police Department history.
Michael O'Brien is suing South Wales police for malicious prosecution
in relation to the murder inquiry which saw him spend 11 years in jail.
alleging malicious prosecution
, and a judge has now ruled that the case can be heard on November 5.
Franklin Mint, in turn, is now counter-suing in a $25million lawsuit in Los Angeles for malicious prosecution
in the original case.
The court also held that a detention hearing broke the chain of causation required to support a claim for malicious prosecution
Birmingham-based Procare said it would be suing West Midlands Police for harassment and malicious prosecution
after what it described as an 18-month campaign against the company and its drivers.
A MAN cleared of staging two armed raids at betting shops is sueing Cheshire police for malicious prosecution
Meadors and Scanlon are seeking an unspecified amount of damages for malicious prosecution
of the case.
SASKATOON -- A Crown prosecutor, a therapist and a Saskatoon police officer have all been found liable for malicious prosecution
of 12 members of a Saskatchewan family that were charged with sexual assault of three foster children in the early 1990's.
Originally, the tort of malicious prosecution
was limited to unjustifiable criminal litigation, causing damage to reputation, and the expense of defending proceedings.