The Probable Cause Defense to Malicious Prosecution Claims
A recent Court of Appeals decision serves as a good refresher on the elements and defenses in a malicious prosecution case. In Preston v. Blalock, No. M2014-01739-COA-R3-CV (Tenn. Ct. App. May 29,...
View ArticleMerely Providing Affidavit To Employer Cannot Give Rise to Malicious...
In Thompson v. Hamm, No. W2015-00004-COA-R3-CV (Tenn. Ct. App. Nov. 17, 2015), the Tennessee Court of Appeals addressed the issue of whether an affidavit provided to the City of Memphis as an employer...
View ArticleIs a Voluntary Dismissal With Prejudice a “Favorable Termination”
A recent Court of Appeals case affirmed a trial court’s ruling that a voluntary dismissal with prejudice does not constitute a “favorable termination” for the purpose of a malicious prosecution claim....
View ArticleMalicious Prosecution Claims – Statute of Limitations
A conviction in a criminal case, even if a post-conviction appeal is pending, does not satisfy the element of a “prior action [being] finally terminated in favor of plaintiff” for the purpose of a...
View ArticleAttorney not liable for advising client to make true police report
Where an attorney advised her client in a family law case that her husband’s actions in distributing a video of the client having sex with another man might be criminal and advised the client to make a...
View ArticleDismissal based on statute of limitations not a favorable termination for...
When summary judgment in a previous suit was based on the statute of limitations, a malicious prosecution action cannot be based on that previous suit. In Horizon Trades, Inc. v. Givens, No....
View ArticleSupreme Court addresses standard for favorable termination in a malicious...
In a malicious prosecution case where the underlying case was criminal rather than civil, a plaintiff “can pursue a claim for malicious prosecution only if an objective examination, limited to the...
View ArticleMalicious prosecution and abuse of process summary judgment affirmed.
Where plaintiff filed an action for malicious prosecution and abuse of process based on a criminal theft case, summary judgment for defendant was affirmed. A grand jury indicted plaintiff of the theft...
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