Tag Archives: wrongful use of civil proceedings

Third Circuit Dismisses Suit By Arbitrator Against Law Firm For “Scorched Earth” Tactics

All's fair in love, war and litigation: An arbitrator cannot sue a lawyer for wrongful use of civil proceedings, the 3rd U.S. Circuit Court of Appeals has ruled, even if the lawyer allegedly lodged false accusations in court papers to have the arbitrator disqualified, because lawyers enjoy an "absolute privilege" that immunizes them from liability over any communication made in the course of litigation. The five-page unpublished opinion is available here. It says: The underlying litigation in this case began in 1995 when Anthony Patterson, a member of the Church of the Lord Jesus Christ of the Apostolic Faith in ... Continue Reading

Managing Expectations in Defamation Cases: A Legendary Trial Lawyer Faces His First Malpractice Suit

Above The Law refers us to Newsday's coverage of the ugly mess that has become of the Martin Garbus, Esquire vs. Samantha Ronson vs. Perez Hilton suits, which now stand a good chance of becoming far more embarrassing for Lindsay Lohan than the blog post which prompted the original defamation suit. Here are the facts in the underlying dismissed Ronson vs. Perez suit: At the bottom of the failed libel suit and the pending malpractice action is a one-car crash: Lohan's Mercedes-Benz versus some shrubs in Beverly Hills on May 26, 2007. Police reported finding a small amount of cocaine ... Continue Reading