EFTA01085801Set 9
2014-02-0639p15,763w
absolute immunity of the litigation privilege to bar a properly
pled claim for malicious prosecution.
Al
EFTA01085803
Edwards adv. Epstein
Case No.: 502009CA040800XXXXMBAG
Counter-Plaintiff Bradley Edwards' Motion for Reconsideration ... statements made during a judicial proceeding, it does not bar an action for
malicious prosecution." Estate of Mayer v. Lax, Inc., 998 N.E.2d 238, 250 (Ind. App. 2013).
The cases ... litigation privilege] does not mean that [the defendant] may not
maintain an action for malicious prosecution if the current litigation is terminated favorably to it,
A2
EFTA01085804
Edwards adv. Epstein
https://www.justice.gov/epstein/files/DataSet%209/EFTA01085801.pdf
EFTA01112592Set 9
2011-04-1514p4,092w
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/EFTA01112592.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
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
EFTA00595357Set 9
2015-10-2011p2,941w
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 ... with absolute immunity when such conduct occurs as an element of
the tort of malicious prosecution.
Respectfully, the Fischer decision eliminates the need for oral argument sub
judice, as there
https://www.justice.gov/epstein/files/DataSet%209/EFTA00595357.pdf
EFTA01111357Set 9
2011-04-1514p3,942w
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/EFTA01111357.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
EFTA00612483Set 9
2015-10-2035p8,537w
judgment in favor of Epstein on the
ground that the litigation privilege bars the malicious prosecution and abuse of
process claims filed against Epstein by the appellant, Bradley J. Edwards ... holding that the litigation privilege applies to causes of
action for malicious prosecution and abuse of process). Edwards appealed and is
challenging the final judgment solely as to the malicious ... with Wolfe regarding application of the litigation privilege to a
cause of action for malicious prosecution.
3. Shortly thereafter, oral argument was set for October 20, 2015.
4. Edwards filed
https://www.justice.gov/epstein/files/DataSet%209/EFTA00612483.pdf
EFTA00584348Set 9
2011-04-159p2,719w
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
absent operative factual allegations that there was a bona fide termination of an original ... without merit. Count II
also improperly commingles claims for abuse of process and malicious prosecution.
FOWLER WHITE BURNETT P.A. • ESPIRITO SANTO PLAZA, 1395 BRICKELL AVENUE, 14•• FLOOR. MIAMI, FLORIDA
https://www.justice.gov/epstein/files/DataSet%209/EFTA00584348.pdf
EFTA01165659Set 9
44p8,425w
issue of whether the litigation privilege may properly be applied to bar claims for malicious
prosecution.
EFTA01165659
Edwards adv. Epstein
Case No.: 502009CA040800,OOOCMBAG
Supplementary Submission in Support of Edwards ... DEFENDANT
AND APPLYING THE LITIGATION PRIVILEGE AS
AN ABSOLUTE BAR TO A MALICIOUS
PROSECUTION CLAIM.
CONCLUSION 31
CERTIFICATE OF SERVICE 32
CERTIFICATE OF TYPE SIZE & STYLE 33
ii
EFTA01165663
TABLE ... against his former wife, Miriam F. Steinberg (hereafter "Miriam"), initially
alleging two counts of malicious prosecution for claims she alleged against him in
their dissolution action
https://www.justice.gov/epstein/files/DataSet%209/EFTA01165659.pdf
EFTA00805442Set 9
2011-10-0416p4,481w
truth or falsity of any statement is appropriate for a defamation action, not a malicious
prosecution action governed by the existence of probable cause to initiate an original civil ... allowed, this would be reversible error.
Edwards' Expert is a Defamation Expert. Not a Malicious Prosecution Expert
The error is compounded by the fact that Dr. Jansen's testimony ... defamation
per se, without regard to the actual damages proximately caused by the malicious prosecution (if
any). Edwards, in this malicious prosecution action, based on the filing of an original
https://www.justice.gov/epstein/files/DataSet%209/EFTA00805442.pdf