Malicious Prosecution

Appellate Law


Successfully defended Ninth Circuit appeal of the dismissal of a lawsuit without leave to amend.


Former Santa Clara County Bar Association President


McManis Faulkner represented a prominent attorney who had been sued for malicious prosecution, defamation, and several other causes of action, all related to a lawsuit he had filed in state court. The defendant in that action became a plaintiff by suing the attorney and approximately 30 other parties in two state court actions. After the state court lawsuit settled in 2001, the plaintiff filed a new suit against many of the same parties in federal court. McManis Faulkner prevailed on two motions to dismiss the federal lawsuit, the second one granted without leave to amend. Undeterred, the plaintiff appealed the decision to the Ninth Circuit, which affirmed the lower court’s decision to dismiss all claims against all defendants without leave to amend. This decision ended a legal odyssey that took more than 10 years to resolve.