Litigation & Arbitration
Nov. 21, 2023
Panel ‘infers malice’ in Fox Rothschild malicious prosecution case
The appellate panel overturned a motion to strike, an anti-SLAPP ruling and attorney fees that a Los Angeles judge has issued in favor of the law firm.
The 2nd District Court of Appeal reinstated a malicious prosecution lawsuit against Fox Rothschild LLP filed by a business owner who accuses the firm of knowingly pursuing litigation under a contract it knew was forged.
The unanimous Nov. 16 opinion written by Justice Dorothy Kim overturned a decision by Los Angeles County Judge Huey P. Cotton Jr. “We infer malice from defendants’ lack of probable cause in continuing to prosecute an action...