Stewart Resnick, Lynda Resnick, Franklin Mint Co. v. Manatt, Phelps & Phillips, Mark Lee
Published: Feb. 26, 2011 | Result Date: Jan. 21, 2011 | Filing Date: Jan. 1, 1900 |Case number: BC285388 Settlement – $25,000,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Andrew S. Clare
(Loeb & Loeb LLP)
Rex S. Heinke
(California Appellate Law Group )
Defendant
Dean E. Dennis
(Hill, Farrer & Burrill LLP)
Brad D. Brian
(Munger, Tolles & Olson LLP)
David M. Axelrad
(Horvitz & Levy LLP)
Kevin H. Brogan
(Hill, Farrer & Burrill LLP)
Michael R. Doyen
(Munger, Tolles & Olson LLP)
Facts
In 1998, on behalf of its client, The Diana Fund, Manatt, Phelps and Phillips, a Los Angeles law firm, filed an action against Stewart and Lynda Resnick, Roll International Corp., and Franklin Mint Co., alleging trademark dilution and false advertising in relation to the sale of Princess Diana memorabilia. The lawsuit was dismissed in 2000, and the Resnicks filed an action against Manatt, The Diana Fund, and Manatt partner Mark Lee, alleging malicious prosecution. Later, a Court of Appeal decision allowed arguments on the malicious prosecution claim.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs argued that defendants did not have probable cause for the original claims and that no reasonable attorney would believe so. Plaintiffs alleged that the lawsuit was an intentional effort to deteriorate sales of Princess Diana memorabilia.
Result
The parties reached a settlement, whereby defendant agreed to pay $25 million to plaintiffs.
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