Posts By: Curator
Malicious prosecution is extremely difficult to prove and is disfavored by the law. It requires the plaintiff to plead and prove four distinct elements in order to prevail. These elements are: (1) initiation of a prior proceeding; (2) favorable termination; (3) lack of probable cause; and (4) malice.
The first element is pretty self-explanatory: it requires the initiation of some formal proceeding, e.g. filing of a complaint. The second element is a bit more nuanced, but an example of a favorable termination would be a defense jury verdict or dismissal with prejudice of the underlying claims.
The existence of probable cause is determined by an objective test: “a suspicion founded upon circumstances warranting a reasonable man’s belief that grounds exist for initiating proceedings.”
If an attorney is being sued for malicious prosecution, the test for probable cause is whether, as an objective matter, “any reasonable attorney would have thought the claim tenable.” That is, the “ . . . standard  is satisfied if the issues presented in the underlying action were arguably correct, even if it was extremely unlikely the client would win.”
And in order to show malice, plaintiff must plead and prove either ill will or some ulterior purpose distinct from that of enforcement of the alleged cause of action.
Those are the elements of a malicious prosecution. But beware: courts do not like these kinds of claims. And they are automatically subject to anti-SLAPP treatment.
Source: Adrianos Facchetti
Personal injury lawyers get a bad rap because of years of tort reform and hokey advertisements. But personal injury law is much broader than just auto accident and slip and fall cases. Every time a doctor misdiagnoses a patient causing injury, a personal injury lawyer steps in and advocates on behalf of the patient’s safety, which makes the entire community safer. The same is true when a pharmaceutical company puts profits over safety and causes injury.
But have you ever considered the fact that defamation is a personal injury, too? This injury may even be more serious than a physical injury because your reputation is at stake–and in many cases, your reputation may not be something you can fix, unlike a physical injury.
Although our right to an undefamed reputation must be balanced against the First Amendment rights of others, it’s important and must be recognized for what it is: a personal injury.
Source: Adrianos Facchetti
RemoveMyName.com Arbitration services
RemovemyName.com announced today it had in place several arbitrators that will arbitrate on behalf of victims rights on scam and fraud forum sites on the internet.
Many websites will allow anonymous postings claiming a business or a person is a scam or a fraud with no proof or evidence to substantiate their claims and in many cases this is the result of angry competitors. This tactic or evil strategy can do real damage and harm to a business or persons online reputation.
RemoveMyName.com aims to completely eliminate these postings that are deemed maliciously motivated and unsubstantiated which is great news for all victims of online slander as rather than burying the items we can now get complete removals once deemed unsubstantiated. The list of sites in which they can get removals from is still a work in progress and we will post the list and add it to our site as well. We are a partner site and plan to work closely with them and the arbitrators so we can get removals for our clients as well.
If you feel you have a malicious posting about you on a consumer advocacy forum please don’t hesitate to contact us for a solution