What Businesses Need to Know About Malicious Prosecution and Abuse of Process When They Get Sued
Ever since I worked on my first case as a law clerk, as I waited nervously for the California bar exam results,[1] clients have had the same reaction to being sued: “This is outrageous—can I sue them for wrongfully suing me?” My short answer is usually “no”; followed by a long-winded explanation about how a […]
The Not-So-Hidden Peril of Negligence Per Se
In the business world, businesses are used to and prepared for disputes being he-said-she-said affairs. But in a negligence lawsuit, what do you do when the other side is able to remove the your-said part of the story? Well, that is precisely what happens when the opposing party obtains total or partial summary judgment before […]