EFTA01106989Set 9
51p11,008w
Wolfe was wrongly decided, and that the litigation
privilege as developed by the Florida Supreme Court does not justify the result in
this case. Therefore, this Court should reverse ... Summary Judgment.
The Development of the Litigation Privilege in Florida Supreme Court
Decisions
The Florida Supreme Court first addressed the scope and application of the
litigation privilege in Myers ... directed a verdict for Hodges on
11
EFTA01107007
the libel claim, and the Florida Supreme Court affirmed, based on what is now
called the litigation privilege.3
In Myers, the Supreme
https://www.justice.gov/epstein/files/DataSet%209/EFTA01106989.pdf
EFTA01193956Set 9
2014-09-197p3,448w
commencement or continuation of an unfounded
criminal or civil proceeding.
The Florida Supreme Court has held that to prevail in a malicious prosecution suit a plaintiff must prove ... Fire
Insurance Co., 639 So.2d 606,607 (Fla. 1994). In Levin the Florida Supreme Court extended the litigation privilege to all
other acts occurring during the course of judicial proceedings ... Educational Use Only
Stephen FISCHER, Appellant, v. Richard DEBRINCAT and..., 2014 WL 5858453...
Florida Supreme Court did not abrogate the cause of action for malicious prosecution or change
https://www.justice.gov/epstein/files/DataSet%209/EFTA01193956.pdf
EFTA00788112Set 9
107p21,462w
ready to go forward. As the Court
9 knows, the Florida Supreme Court finished
10 with this case mid-June. Within a week and
11 a half ... went up to the Florida
6 Supreme Court conflict jurisdiction, and the
7 Florida Supreme Court ended up siding with
8 the Fourth District Court of Appeal on this ... asked about the opinion, this case was a
13 tagalong to the Florida Supreme Court with
14 Fischer. And there is an order out of the
15 Supreme Court what
https://www.justice.gov/epstein/files/DataSet%209/EFTA00788112.pdf
EFTA01104267Set 9
51p10,994w
Wolfe was wrongly decided, and that the litigation
privilege as developed by the Florida Supreme Court does not justify the result in
this case. Therefore, this Court should reverse ... Summary Judgment.
The Development of the Litigation Privilege in Florida Supreme Court
Decisions
The Florida Supreme Court first addressed the scope and application of the
litigation privilege in Myers ... directed a verdict for Hodges on
11
EFTA01104285
the libel claim, and the Florida Supreme Court affirmed, based on what is now
called the litigation privilege.3
In Myers, the Supreme
https://www.justice.gov/epstein/files/DataSet%209/EFTA01104267.pdf
EFTA00595357Set 9
2015-10-2011p2,941w
malicious prosecution, a longstanding tort with ancient
roots. It is unfathomable that the Florida Supreme Court intended to
cloak the commencement or continuation of a judicial proceeding
with absolute immunity ... very ancient" cause of action, one that has
long been recognized by the Florida Supreme Court. See, e.g., Tatum Bros.
Real Estate & Inv. Co. v. Watson ... Ange to the extent it is inconsistent with that ruling) (footnotes
omitted).
The Florida Supreme Court eventually extended the litigation privilege
doctrine beyond its traditional application to defamatory statements,
holding
https://www.justice.gov/epstein/files/DataSet%209/EFTA00595357.pdf
EFTA01115564Set 9
24p4,534w
case remanded for further proceedings.
Florida Case Law Before Wolfe
The Florida Supreme Court has never applied the litigation privilege to bar a
malicious prosecution claim, nor has it ever ... decision conflating the two is Wolfe. The Third
District misconstrued decisions of the Florida Supreme Court, disregarded
conflicting Florida precedent, and even ignored its own opinions indicating that the
privilege ... Epstein attempts to diminish the outlier status of Wolfe by suggesting that
the Florida Supreme Court has consciously decided to expand the litigation
privilege beyond the common law principles that
https://www.justice.gov/epstein/files/DataSet%209/EFTA01115564.pdf
EFTA01166186Set 9
2014-01-2762p12,948w
actually a tortious interference case. But the
2 case went up to the Florida Supreme Court. And
3 the issue before them was how far is this
4 privilege ... violations? And that's the Echevarria
18 case, also in front of the Florida Supreme Court,
19 some 13 or 14 years after Levin, and they found,
20 yes, that ... Court Of Appeal, the Fourth District Court Of
16 Appeal, or the Florida Supreme Court. The
17 standard is: Did the action have some relation to
18 the judicial proceeding
https://www.justice.gov/epstein/files/DataSet%209/EFTA01166186.pdf
EFTA00584796Set 9
2014-05-197p1,489w
Appellate
Procedure, hereby requests that this Court stay these proceedings until the Florida
Supreme Court renders its Opinion on the certified conflict between the Fourth District
Court of Appeal ... Epstein
filed his Notice of Discretionary Jurisdiction seeking review by the Florida Supreme
Court. On December 15, 2015, the Florida Supreme Court filed an Order stating that
"[t]he proceedings ... pending in this Court."
Debrincat is the lead case in which the Florida Supreme Court will decide the certified
conflict issue.
On or about March 8, 2016, Epstein filed
https://www.justice.gov/epstein/files/DataSet%209/EFTA00584796.pdf
EFTA00714920Set 9
2015-02-2529p6,248w
Foreman, 128 So. 3d 67 (Ha. 3d
DCA 2013), and all of the Florida Supreme Court cases cited thereby.
Both in his Motion for Summary Judgment and at oral argument ... Foreman, 128 So. 3d 67 (Fla. 3d DCA
2013), and the binding Florida Supreme Court cases cited therein, Florida's
4
EFTA00714927
litigation privilege provides to all persons involved ... course of litigation and
related directly to the litigation. Under well-established Florida Supreme Court
precedent, the litigation privilege applies to all causes of action. See Echevarria,
McCalla, Raymer, Barrett
https://www.justice.gov/epstein/files/DataSet%209/EFTA00714920.pdf
EFTA00801709Set 9
94p18,309w
malicious prosecution claim.
17 If the Florida Supreme Court was
18 holding that it does not bar proof of the
19 first element of malicious prosecution, they
20 would have ... precludes that.
18 It was a simple, very short decision
19 for the Florida Supreme Court. And it
20 simply said the privilege does not apply to
21 malicious prosecution ... BURLINGTON: There is a case called
19 Mancusi out of the Florida Supreme Court
20 that define the elements and talked about it
21 is designed -- in fact, Debrincat says
https://www.justice.gov/epstein/files/DataSet%209/EFTA00801709.pdf
EFTA00607688Set 9
2014-01-2778p19,578w
actually a tortious interference case. But the
2 case went up to the Florida Supreme Court. And
3 the issue before them was how far is this
4 privilege ... violations? And that's the Echevarria
18 case, also in front of the Florida Supreme Court,
19 some 13 or 14 years after Levin, and they found,
20 yes, that ... Court Of Appeal, the Fourth District Court Of
16 Appeal, or the Florida Supreme Court. The
17 standard is: Did the action have some relation to
18 the judicial proceeding
https://www.justice.gov/epstein/files/DataSet%209/EFTA00607688.pdf
EFTA01165659Set 9
44p8,425w
That holding would be
consistent with the common law, prior decisions of the Florida Supreme Court, and
the overwhelming weight of authority throughout the country.
Therefore, for the reasons stated ... decision
was wrongly decided, and that the litigation privilege as developed by the Florida
Supreme Court does not justify the result in this case. Therefore, this Court should
reverse ... Summary Judgment.
The Litigation Privilege in Florida
The Florida Supreme Court first addressed the scope and application of the
litigation privilege in Myers v. Hodges, 44 So.357
https://www.justice.gov/epstein/files/DataSet%209/EFTA01165659.pdf
EFTA00611631Set 9
2014-05-196p1,391w
Appellate
Procedure, hereby requests that this Court stay these proceedings until the Florida
Supreme Court renders its Opinion on the certified conflict between the Fourth District
Court of Appeal ... Epstein
filed his Notice of Discretionary Jurisdiction seeking review by the Florida Supreme
Court. On December 15, 2015, the Florida Supreme Court filed an Order stating that
"Djhe proceedings ... attached hereto as "Exhibit A." Debrincat is the lead
case in which the Florida Supreme Court will decide the certified conflict issue.
As demonstrated more fully below, staying these proceedings
https://www.justice.gov/epstein/files/DataSet%209/EFTA00611631.pdf
EFTA00589617Set 9
2015-02-1830p6,231w
Foreman, 128 So. 3d 67 (Fla. 3d
DCA 2013), and all of the Florida Supreme Court cases cited thereby.
Both in his Motion for Summary Judgment and at oral argument ... Foreman, 128 So. 3d 67 (Fla. 3d DCA
2013), and the binding Florida Supreme Court cases cited therein, Florida's
4
EFTA00589624
litigation privilege provides to all persons involved ... course of litigation and
related directly to the litigation. Under well-established Florida Supreme Court
precedent, the litigation privilege applies to all causes of action. See Echevarria,
McCalla, Raymer, Barrett
https://www.justice.gov/epstein/files/DataSet%209/EFTA00589617.pdf
EFTA00616958Set 9
24p4,531w
case remanded for further proceedings.
Florida Case Law Before Wolfe
The Florida Supreme Court has never applied the litigation privilege to bar a
malicious prosecution claim, nor has it ever ... decision conflating the two is Wolfe. The Third
District misconstrued decisions of the Florida Supreme Court, disregarded
conflicting Florida precedent, and even ignored its own opinions indicating that the
privilege ... Epstein attempts to diminish the outlier status of Wolfe by suggesting that
the Florida Supreme Court has consciously decided to expand the litigation
privilege beyond the common law principles that
https://www.justice.gov/epstein/files/DataSet%209/EFTA00616958.pdf
EFTA01112710Set 9
2014-05-197p1,489w
Appellate
Procedure, hereby requests that this Court stay these proceedings until the Florida
Supreme Court renders its Opinion on the certified conflict between the Fourth District
Court of Appeal ... Epstein
filed his Notice of Discretionary Jurisdiction seeking review by the Florida Supreme
Court. On December 15, 2015, the Florida Supreme Court filed an Order stating that
"[t]he proceedings ... pending in this Court."
Debrincat is the lead case in which the Florida Supreme Court will decide the certified
conflict issue.
On or about March 8, 2016, Epstein filed
https://www.justice.gov/epstein/files/DataSet%209/EFTA01112710.pdf
EFTA00606510Set 9
2014-01-2778p19,578w
actually a tortious interference case. But the
2 case went up to the Florida Supreme Court. And
3 the issue before them was how far is this
4 privilege ... violations? And that's the Echevarria
18 case, also in front of the Florida Supreme Court,
19 some 13 or 14 years after Levin, and they found,
20 yes, that ... Court Of Appeal, the Fourth District Court Of
16 Appeal, or the Florida Supreme Court. The
17 standard is: Did the action have some relation to
18 the judicial proceeding
https://www.justice.gov/epstein/files/DataSet%209/EFTA00606510.pdf
EFTA01166123Set 9
2014-01-2763p13,023w
actually a tortious interference case. But the
2 case went up to the Florida Supreme Court. And
3 the issue before them was how far is this
4 privilege ... violations? And that's the Echevarria
18 case, also in front of the Florida Supreme Court,
19 some 13 or 14 years after Levin, and they found,
20 yes, that ... Court Of Appeal, the Fourth District Court Of
16 Appeal, or the Florida Supreme Court. The
17 standard is: Did the action have some relation to
18 the judicial proceeding
https://www.justice.gov/epstein/files/DataSet%209/EFTA01166123.pdf