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Tag Archives: malicious prosecution

Tort/Negligence – Malicious Prosecution – Damages – Attorney’s Fees – Amount (access required)

Johnson v. Johnson The defendant-seller had the plaintiff-buyer arrested for stealing a Lincoln Navigator that the buyer had already paid the seller for (the seller apparently wanted to add the cost of rims to the price). Attorney’s fees are recoverable as damages in a malicious prosecution action, and the buyer testified that he had incurred attorney’s fees; however, he did not testify as to how much he paid his criminal defense attorney.

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Tort/Negligence – Malicious Prosecution – First Impression – Attorneys – Abuse of Process – Intentional Infliction of Emotional Distress – Interlocutory Appeal (access required)

Chidnese v. Chidnese. In a matter of first impression, we hold that an attorney may be held liable for a malicious criminal prosecution initiated by a client under certain circumstances, assuming all . . .

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Insured recovers on counterclaim for malicious prosecution over Wilson fire (access required)

Laurie Volpe was the owner of Cully’s Motorcross Park, Inc. Cully’s was originally the owner of a motorcross park in Florida. When Volpe and her husband, Louis Volpe, moved to North Carolina, Cully’s was incorporated in North Carolina and began ...

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Civil Rights – 42 U.S.C. § 1983 – Malicious Prosecution – Probable Cause – Theft of Dog of Dog – Conspiracy – Family Relationship (access required)

Lewis v. Jordon. (Lawyers Weekly No. 11-03-1011, 12 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Even though plaintiff alleged that defendants arrested plaintiff for larceny of a dog without probable cause, defendants submitted affidavits to support their allegations that plaintiff’s ...

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Tort/Negligence – Malicious Prosecution – Unfair & Deceptive Trade Practices – Civil Conspiracy (access required)

Kirkman v. Tison.  (Lawyers Weekly No. 10-03-0854, 14 pp.) (L. Patrick Auld, USMJ). M.D.N.C. Holdings: In claims relating to the defendants’ alleged involvement in procuring a misdemeanor summons charging the plaintiff with sending harassing e-mail, the plaintiff pled facts sufficient ...

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Tort/Negligence – Malicious Prosecution – Probable Cause – Civil Action – Real Property – Anticipatory Breach of Contract (access required)

Gupton v. Son-Lan Development Co. (Lawyers Weekly No. 10-07-0596, 17 pp.) (John C. Martin, Ch.J.) Appealed from Harnett County Superior Court. (Robert H. Hobgood, J.) N.C. App. Holding: Plaintiff had a contract to buy land from its owner and another ...

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