off the top of my head this is the problem w malic
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Posted On: 10/18/2018 10:32:17 PM
off the top of my head this is the problem w malicious prosecution:
"if a defendant was only doing what his or her attorney recommended , even though the lawsuit had no probable cause, then the defendant may not be guilty of malicious prosecution if she unreasonably, but mistakenly thought her lawsuit was legitimate."
the ambulance chaser lawyers should know a tweet or incomplete screenshot of denial of foia request on the basis of possible enforcement proceedings (which might not even involve zion) does not conceivably satisfy legal notice to zn of an sec investigation
and since ambulance chasers case relies on the presumption that zn should've known they were under investigation or had legal notice ,there is no case.
so its a matter of policing the lawyers as officers of the court -but the legal system is really lazy when it comes to those things-unless lawyer is misappropriating client funds,there is very little policing
i know a crafter lawyer whose bizarre antics were known to the entire courthouse and whose abuses were newspaper fodder and who had been arrested at least once and he was frequently violating rules but nobody ever did anything about it-the entire system is given over to craft manipulation, having rejected the faith and thus constitution of the founding fathers,and so each person does what he pleases.
zn should ask for summary judgement and as part of that motion ask for costs and fees
lawyers regularly ask for fees to be reimbursed from the other party if they think they have any chance to obtain such
some lawyers are more aggressive than others
summary judgement and reimbursement for costs and fees is the usual remedy
i dont hear much about malicious prosecution- bc then you have to prove the other parties motives and intent,which is not easy,unless its a regular pattern where a judge has warned a party already
torts are are a comparatively nebulous area of the law,often hard to prove
https://en.wikipedia.org/wiki/Malicious_prosecution
http://cha-ahse.org/store/pages/90/FRIVOLOUS-LAWSUITS.html
http://www.alllaw.com/articles/nolo/personal-...ocess.html
"if a defendant was only doing what his or her attorney recommended , even though the lawsuit had no probable cause, then the defendant may not be guilty of malicious prosecution if she unreasonably, but mistakenly thought her lawsuit was legitimate."
the ambulance chaser lawyers should know a tweet or incomplete screenshot of denial of foia request on the basis of possible enforcement proceedings (which might not even involve zion) does not conceivably satisfy legal notice to zn of an sec investigation
and since ambulance chasers case relies on the presumption that zn should've known they were under investigation or had legal notice ,there is no case.
so its a matter of policing the lawyers as officers of the court -but the legal system is really lazy when it comes to those things-unless lawyer is misappropriating client funds,there is very little policing
i know a crafter lawyer whose bizarre antics were known to the entire courthouse and whose abuses were newspaper fodder and who had been arrested at least once and he was frequently violating rules but nobody ever did anything about it-the entire system is given over to craft manipulation, having rejected the faith and thus constitution of the founding fathers,and so each person does what he pleases.
zn should ask for summary judgement and as part of that motion ask for costs and fees
lawyers regularly ask for fees to be reimbursed from the other party if they think they have any chance to obtain such
some lawyers are more aggressive than others
summary judgement and reimbursement for costs and fees is the usual remedy
i dont hear much about malicious prosecution- bc then you have to prove the other parties motives and intent,which is not easy,unless its a regular pattern where a judge has warned a party already
torts are are a comparatively nebulous area of the law,often hard to prove
https://en.wikipedia.org/wiki/Malicious_prosecution
http://cha-ahse.org/store/pages/90/FRIVOLOUS-LAWSUITS.html
http://www.alllaw.com/articles/nolo/personal-...ocess.html
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