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Law Practice

Dec. 5, 2023

Law firm’s malicious prosecution case of another firm can proceed

“A lawyer shouldn’t assert a claim without being able to allege a factual basis for doing so. The fact that a claim pertains to the alleged acts of a public official doesn’t change this, nor does the anti-SLAPP statute provide an automatic shield against subsequent claims for malicious prosecution,” Berkeley Judicial Institute executive director Jeremy D. Fogel commented.

A Los Angeles law firm’s claim of malicious prosecution against another law firm in the city has been allowed to proceed following a unanimous unpublished opinion issued by the 2nd District Court of Appeal, upholding the decision by a lower court.

Zweiback Fiset & Coleman LLP was sued in a qui tam action by Albright Yee & Schmit APC after Albright successfully defended itself from allegations that it bribed an elected official to ...

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