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Tag Archives: elements

When is a Lawsuit “Commenced” For Purposes of Malicious Prosecution?

By Robert Ross |

MALICIOUS PROSECUTION CLAIMS APPLY ONLY TO LEGAL ACTIONS COMMENCED WITH LEGALLY SUFFICIENT MALICE AND WITH A LACK OF PROBABLE CAUSE. Although “commencement” of an action is not a specified element of a malicious prosecution claim, an action must be commenced before it can be “fully and finally terminated” — another element the plaintiff must prove to prevail… Read More »

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