EFTA01199647Set 9
2014-02-0639p15,944w
relief based upon
malicious prosecution or abuse of process. See Comment (a), Restatement of Torts, supra, § 587
California -- Hogen v. Valley Hosp., 147 Cal.App.3d 119, 195 Cal.Rptr ... Reconsideration
Page 5 of 13
282,] 768 A.2d 825, 833-34 (2001) ("The one tort excepted from the reach of the litigation
privilege is malicious prosecution, or malicious ... N.W.2d 571, 577-79 (2011)
("[B]ecause the elements of the tort [of malicious prosecution] are difficult to prove, it is
unnecessary to grant . . . absolute privilege. IT]here
https://www.justice.gov/epstein/files/DataSet%209/EFTA01199647.pdf
EFTA01112407Set 9
2014-01-1637p15,664w
relief based upon
malicious prosecution or abuse of process. See Comment (a), Restatement of Torts, supra, § 587
California -- Hogen v. Valley Hosp., 147 Cal.App.3d 119, 195 Cal.Rptr ... Reconsideration
Page 5 of 13
282,] 768 A.2d 825, 833-34 (2001) ("The one tort excepted from the reach of the litigation
privilege is malicious prosecution, or malicious ... N.W.2d 571, 577-79 (2011)
("[B]ecause the elements of the tort [of malicious prosecution] are difficult to prove, it is
unnecessary to grant . . . absolute privilege. IT]here
https://www.justice.gov/epstein/files/DataSet%209/EFTA01112407.pdf
EFTA01085801Set 9
2014-02-0639p15,763w
relief based upon
malicious prosecution or abuse of process. See Comment (a), Restatement of Torts, supra, § 587
California -- Hogen v. Valley Hosp., 147 Cal.App.3d 119, 195 Cal.Rptr ... Reconsideration
Page 5 of 13
282,] 768 A.2d 825, 833-34 (2001) ("The one tort excepted from the reach of the litigation
privilege is malicious prosecution, or malicious ... N.W.2d 571, 577-79 (2011)
("[B]ecause the elements of the tort [of malicious prosecution] are difficult to prove, it is
unnecessary to grant . . . absolute privilege. IT]here
https://www.justice.gov/epstein/files/DataSet%209/EFTA01085801.pdf
EFTA00282045Set 9
43p23,231w
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH
THE SOFTWARE ... DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER
LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE ... HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THIS SOFTWARE
https://www.justice.gov/epstein/files/DataSet%209/EFTA00282045.pdf
EFTA01138929Set 9
2007-01-0633p8,537w
privilege, already applicable to defamatory
statements (slander and libel) and perjury, to all other torts so long as the
act complained of occurs during and has some relation ... District that the application of the privilege to
malicious prosecution claims would eliminate that tort as a cause of action. The Third
District found no merit to this argument, observing ... barred by the privilege:
We are unpersuaded by the argument that, unlike other torts, the
application of the litigation privilege to the tort of malicious prosecution
would effectively eliminate malicious
https://www.justice.gov/epstein/files/DataSet%209/EFTA01138929.pdf
EFTA00289243Set 9
205p106,373w
HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE ... LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE ... AND/OR DISTRIBUTION OF THE APPLE
SOFTWARE, HOWEVER CAUSED AND WHETHER UNDER THEORY OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF
APPLE HAS BEEN ADVISED OF THE POSSIBILITY
https://www.justice.gov/epstein/files/DataSet%209/EFTA00289243.pdf
EFTA01219759Set 9
113p46,694w
HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE ... DISTRIBUTING THE
SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE ... LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE
https://www.justice.gov/epstein/files/DataSet%209/EFTA01219759.pdf
EFTA00175521Set 9
2008-07-1868p22,246w
Compl. ¶ 21); (b) to do an unlawful act, that is, to commit the tort of sexual assault of a minor
(Am. Compl. ¶ 21); (c) committed an overt act in pursuance ... emotional damages (Am. Compl. ¶ 23).
"Additionally, an actionable conspiracy requires an actionable underlying tort or wrong."
Raimi I. Furlong, 702 So.2d 1273, 1284 (3d DCA 1997); see, e.g., Walters ... conspiracy
exists ... only if "the basis for the conspiracy is an independent wrong or tort
which would constitute a cause of action if the wrong were done by one person
https://www.justice.gov/epstein/files/DataSet%209/EFTA00175521.pdf
EFTA00610600Set 9
2009-07-0822p4,664w
Within the Litigation Privilege 1
The "Wrong Without a Remedy" Argument. 3
The Tort of Malicious Prosecution Does Not Carry a
Uniquely Onerous Burden for the Plaintiff. 6
The Tort ... Florida Statutes (2013). 4, 9
Wade, John H., On Frivolous Litigation: A Study of Tort Liability and Procedural
Sanctions, 14 Hofstra L.Rev. 433, 451 (1986) 9, 12
iv
EFTA00610604
REPLY ... privilege...."). Even prior to Wolfe, federal
EFTA00610605
Malicious prosecution is nothing more than a tort that prohibits a party from
engaging in certain conduct that violates a duty. In this
https://www.justice.gov/epstein/files/DataSet%209/EFTA00610600.pdf
EFTA00595357Set 9
2015-10-2011p2,941w
Wolfe 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 ... judicial proceeding
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
https://www.justice.gov/epstein/files/DataSet%209/EFTA00595357.pdf
EFTA01125055Set 9
2011-04-2042p17,968w
lawyers who I would potentially like to
5 work with and bring into the tort practice group at
6 the law firm. And so, we had lunch ... cases after he joined the firm. I was merely
22 the head of the Tort Litigation Division and in an
23 administrative capacity. I don't think I did much ... today who else
16 was in the room? At that time you said the Tort
17 Group, including Brad Edwards, Gary Farmer and maybe
18 Steve Jaffe. Do you recall
https://www.justice.gov/epstein/files/DataSet%209/EFTA01125055.pdf
EFTA01105263Set 9
2004-10-0160p17,309w
1604650v1 12
EFTA01105274
equitable estoppel did not apply, the Fund would be liable in tort because this misconduct (non-
disclosure and misleading disclosure) constitutes fraud and breach of fiduciary duty ... Letter Agreement authorized only a complete
withdrawal, then FTC has a tort claim against the General Partner and the Fund, which is liable
for the torts committed by its agent ... duty at
a minimum. The damages for this claim exceed $80 million. FTC's tort theories are addressed
in Section H. B. See infra, at 33-39.
1. Promissory Estoppel
https://www.justice.gov/epstein/files/DataSet%209/EFTA01105263.pdf
EFTA01178092Set 9
2012-06-1454p27,105w
book of business. How did
4 you know that?
5 A. Everyone in the tort world that I had spoke
6 to spoke extremely highly of Brad, not only people ... wanted him in there. We were trying to
12 develop a significant tort group and we thought that
13 he'd be a great part ... that about Brad?
15 A. It would have been other people in the tort
16 group. I don't want to guess, Tonja, as to which
17 other people told
https://www.justice.gov/epstein/files/DataSet%209/EFTA01178092.pdf