Epstein Files Search

EFTA01199647Set 9

2014-02-0639p15,944w

absolute immunity of the litigation privilege to bar a properly pled claim for malicious prosecution. Al EFTA01199649 Edwards adv. Epstein Case No.: 502009CA040800XXXXMBAG Counter-Plaintiff Bradley Edwards' Motion for Reconsideration ... harassment. If the Florida litigation privilege is interpreted to mean that even a maliciously filed lawsuit somehow becomes protected activity, then Florida will stand alone among all the states. Counsel ... litigation privilege (sometimes referred to as the "judicial privilege") does not give license to maliciously file or maintain a lawsuit that is known to have no factual or legal support

https://www.justice.gov/epstein/files/DataSet%209/EFTA01199647.pdf

EFTA01199686Set 9

51p10,988w

DEFENDANT AND APPLYING THE LITIGATION PRIVILEGE AS AN ABSOLUTE BAR TO A MALICIOUS PROSECUTION CLAIM. CONCLUSION 40 CERTIFICATE OF SERVICE 41 CERTIFICATE OF TYPE SIZE & STYLE 42 ii EFTA01199687 TABLE ... arises from a Summary Judgment granted against the Counter- Plaintiff (hereafter "Plaintiff') on a malicious prosecution case based solely on the application of the litigation privilege ... malicious prosecution claim and the lawsuit out of which it arose are part of an interrelated set of criminal and civil cases in which these parties have been involved

https://www.justice.gov/epstein/files/DataSet%209/EFTA01199686.pdf

EFTA01106989Set 9

51p11,008w

DEFENDANT AND APPLYING THE LITIGATION PRIVILEGE AS AN ABSOLUTE BAR TO A MALICIOUS PROSECUTION CLAIM. CONCLUSION 40 CERTIFICATE OF SERVICE 41 CERTIFICATE OF TYPE SIZE & STYLE 42 ii EFTA01106990 TABLE ... arises from a Summary Judgment granted against the Counter- Plaintiff (hereafter "Plaintiff') on a malicious prosecution case based solely on the application of the litigation privilege ... malicious prosecution claim and the lawsuit out of which it arose are part of an interrelated set of criminal and civil cases in which these parties have been involved

https://www.justice.gov/epstein/files/DataSet%209/EFTA01106989.pdf

EFTA01138929Set 9

2007-01-0633p8,537w

Third District held that the absolute litigation privilege barred a cause of action for malicious prosecution that was premised solely upon the filing of a lawsuit. The Third District stated ... followed Wolfe and entered summary judgment against the respondent's cause of action for malicious prosecution that was also based solely upon the filing of a lawsuit. On appeal ... collectively, "Wolfe") the appellants here, sued the Miami Lawyers for abuse of process and malicious prosecution. The trial court granted the Miami Lawyers' motion for judgment on the pleadings, finding

https://www.justice.gov/epstein/files/DataSet%209/EFTA01138929.pdf

EFTA01135038Set 9

1995-03-0812p5,852w

evidences the Fourth District's adherence to the universally accepted recognition that claims for malicious prosecution are an exception to the litigation privilege's absolute bar of claims arising ... District's repeated and consistent recognition of the continued viability of the tort of malicious prosecution in the context of circumstances where the litigation privilege has supported the dismissal ... parents to lived with grandparent for at least six months, recover for professional negligence, malicious intermediary handling adoption is required to prosecution, civil conspiracy, and intentional infliction of notify grandparent

https://www.justice.gov/epstein/files/DataSet%209/EFTA01135038.pdf

EFTA00607688Set 9

2014-01-2778p19,578w

motions is only on 8 Mr. Edwards' claims for abuse of process and 9 malicious prosecution. 10 THE COURT: The later I knew. My apologies 11 for misstating the number ... alleged 7 victims. One of the counts in that was for g malicious -- I believe it's -- he only had abuse 9 of process along with some other counts ... speaks to two 14 causes of action; that is abuse of process and 15 malicious prosecution. So those are what we're 16 here to talk about today, is abuse

https://www.justice.gov/epstein/files/DataSet%209/EFTA00607688.pdf

EFTA00606510Set 9

2014-01-2778p19,578w

motions is only on 8 Mr. Edwards' claims for abuse of process and 9 malicious prosecution. 10 THE COURT: The later I knew. My apologies 11 for misstating the number ... alleged 7 victims. One of the counts in that was for g malicious -- I believe it's -- he only had abuse 9 of process along with some other counts ... speaks to two 14 causes of action; that is abuse of process and 15 malicious prosecution. So those are what we're 16 here to talk about today, is abuse

https://www.justice.gov/epstein/files/DataSet%209/EFTA00606510.pdf

EFTA01166123Set 9

2014-01-2763p13,023w

motions is only on 8 Mr. Edwards' claims for abuse of process and 9 malicious prosecution. 10 THE COURT: The later I knew. My apologies 11 for misstating the number ... alleged 7 victims. One of the counts in that was for 8 malicious -- I believe it's -- he only had abuse 9 of process along with some other counts ... speaks to two 14 causes of action; that is abuse of process and 15 malicious prosecution. So those are what we're 16 here to talk about today, is abuse

https://www.justice.gov/epstein/files/DataSet%209/EFTA01166123.pdf

EFTA00801596Set 9

35p24,676w

privilege. That exception is for 12 This transcript has not been checked, preofroad 22 malicious prosecution. But the Supreme 13 or corrected. It is a draft transcript, HOT a certified ... elements of a that's based on wrongful words. The only 5 malicious prosecution action, chore would thing that's available is a claim for 6 never be a malicious ... prosecution action. malicious prosecution focused on the Plus the Supreme Court reaffirmed that initiation of the milt. every statement made in the proceeding On the last page of this opinion

https://www.justice.gov/epstein/files/DataSet%209/EFTA00801596.pdf

EFTA01166186Set 9

2014-01-2762p12,948w

motions is only on 8 Mr. Edwards' claims for abuse of process and 9 malicious prosecution. 10 THE COURT: The later I knew. My apologies 11 for misstating the number ... alleged 7 victims. One of the counts in that was for 8 malicious -- I believe it's -- he only had abuse 9 of process along with some other counts ... speaks to two 14 causes of action; that is abuse of process and 15 malicious prosecution. So those are what we're 16 here to talk about today, is abuse

https://www.justice.gov/epstein/files/DataSet%209/EFTA01166186.pdf

EFTA00801709Set 9

94p18,309w

narrow exception to the 11 litigation privilege. That exception is for 12 malicious prosecution. But the Supreme 13 Court told us in that opinion Your-Honor -- 14 I will share ... sense -- that if the litigation 4 privilege applied to the elements of a 5 malicious prosecution action, there would 6 never be a malicious prosecution action. 7 Plus the Supreme ... anything to do with malicious 15 prosecution. It has everything to do with 16 defamation. Here is why. 17 We believe that malicious prosecution 18 focuses on the information that

https://www.justice.gov/epstein/files/DataSet%209/EFTA00801709.pdf

EFTA01193956Set 9

2014-09-197p3,448w

ARGUMENT 2 I. THE LITIGATION PRIVILEGE SHOULD NOT ACT TO BAR A CLAIM FOR MALICIOUS 2 PROSECUTION CONCLUSION CERTIFICATE OF SERVICE 12 CERTIFICATE OF FONT COMPLIANCE 12 *ii TABLE ... CASE On May 4, 2009 Stephen Fischer filed a complaint seeking damages for malicious prosecution against Richard DeBrincat and Jason DeBrincat. (R.1-86). In the Complaint Stephen Fischer alleged: WestlawNext ... presence of malice (R.2); and (6) Damage as a result of the malicious prosecution of the Original Proceeding (R.2). On May 26, Richard DeBrincat and Jason DeBrincat served an answer

https://www.justice.gov/epstein/files/DataSet%209/EFTA01193956.pdf

EFTA00595357Set 9

2015-10-2011p2,941w

precious resources. This appeal seeks review of a summary judgment entered in a malicious malpractice case based solely on the rationale that the cause of action was barred ... decision and specifically held that the litigation privilege did not bar the tort of malicious prosecution. In fact, this Court stated (Op. p.6): Commencement or continuation of an original judicial ... proceeding is an element of malicious prosecution, a longstanding tort with ancient roots. It is unfathomable that the Florida Supreme Court intended to cloak the commencement or continuation

https://www.justice.gov/epstein/files/DataSet%209/EFTA00595357.pdf

EFTA01194977Set 9

2015-02-1830p6,220w

JUDGMENT, AS THE LITIGATION PRIVILEGE IS A BAR TO APPELLANT'S CLAIM BASED ON MALICIOUS PROSECUTION. 7 CONCLUSION 24 CERTIFICATE OF TYPE SIZE AND STYLE 24 CERTIFICATE OF SERVICE ... issue presented by this appeal; whether the litigation privilege absolutely bars a claim for malicious prosecution when all of the actions upon which the Plaintiff relies in support ... trial court's finding that the litigation privilege applies to malicious prosecution claims, as well as its finding that the litigation privilege was applicable specifically to Edwards's claims

https://www.justice.gov/epstein/files/DataSet%209/EFTA01194977.pdf

EFTA00714920Set 9

2015-02-2529p6,248w

JUDGMENT, AS THE LITIGATION PRIVILEGE IS A BAR TO APPELLANT'S CLAIM BASED ON MALICIOUS PROSECUTION 7 CONCLUSION 24 CERTIFICATE OF TYPE SIZE AND STYLE 24 CERTIFICATE OF SERVICE ... issue presented by this appeal; whether the litigation privilege absolutely bars a claim for malicious prosecution when all of the actions upon which the Plaintiff relies in support ... trial court's finding that the litigation privilege applies to malicious prosecution claims, as well as its finding that the litigation privilege was applicable specifically to Edwards's claims

https://www.justice.gov/epstein/files/DataSet%209/EFTA00714920.pdf

EFTA00589617Set 9

2015-02-1830p6,231w

JUDGMENT, AS THE LITIGATION PRIVILEGE IS A BAR TO APPELLANT'S CLAIM BASED ON MALICIOUS PROSECUTION. 7 CONCLUSION 24 CERTIFICATE OF TYPE SIZE AND STYLE 24 CERTIFICATE OF SERVICE ... issue presented by this appeal; whether the litigation privilege absolutely bars a claim for malicious prosecution when all of the actions upon which the Plaintiff relies in support ... trial court's finding that the litigation privilege applies to malicious prosecution claims, as well as its finding that the litigation privilege was applicable specifically to Edwards's claims

https://www.justice.gov/epstein/files/DataSet%209/EFTA00589617.pdf

EFTA01111371Set 9

2011-04-1514p4,048w

fails to state an actionable claim against Epstein for abuse of process or malicious prosecution. Count I fails to state a valid abuse of process claim because Edwards does ... actions in the pending litigation. Count II fails to state a valid claim for malicious prosecution because Edwards does not -- and cannot -- allege that there was a bona fide termination ... without merit. Count II also improperly commingles claims for abuse of process and malicious prosecution. II. BACKGROUND In December, 2009, Epstein, through prior counsel, filed a Complaint naming Edwards

https://www.justice.gov/epstein/files/DataSet%209/EFTA01111371.pdf

EFTA01111399Set 9

2011-04-1514p4,051w

fails to state an actionable claim against Epstein for abuse of process or malicious prosecution. Count I fails to state a valid abuse of process claim because Edwards does ... actions in the pending litigation. Count II fails to state a valid claim for malicious prosecution because Edwards does not -- and cannot -- allege that there was a bona fide termination ... without merit. Count II also improperly commingles claims for abuse of process and malicious prosecution. II. BACKGROUND In December, 2009, Epstein, through prior counsel, filed a Complaint naming Edwards

https://www.justice.gov/epstein/files/DataSet%209/EFTA01111399.pdf

EFTA01111385Set 9

2011-04-1514p4,058w

fails to state an actionable claim against Epstein for abuse of process or malicious prosecution. Count I fails to state a valid abuse of process claim because Edwards does ... actions in the pending litigation. Count II fails to state a valid claim for malicious prosecution because Edwards does not -- and cannot -- allege that there was a bona fide termination ... without merit. Count II also improperly commingles claims for abuse of process and malicious prosecution. II. BACKGROUND In December, 2009, Epstein, through prior counsel, filed a Complaint naming Edwards

https://www.justice.gov/epstein/files/DataSet%209/EFTA01111385.pdf

EFTA01111344Set 9

2011-04-1513p3,706w

fails to state an actionable claim against Epstein for abuse of process or malicious prosecution. Count I fails to state a valid abuse of process claim because it alleges that ... unrelated to the pending litigation. Count II fails to state a valid claim for malicious prosecution because it lacks operative factual allegations that there was a bona fide termination ... without EFTA01111344 merit. Count II also improperly commingles claims for abuse of process and malicious prosecution. II. BACKGROUND In December, 2009, Epstein, through prior counsel, filed a Complaint naming Edwards

https://www.justice.gov/epstein/files/DataSet%209/EFTA01111344.pdf