By definition, a malicious prosecution suit alleges that the defendant committed a tort by filing a lawsuit. 1, 791 P.2d 587; California Teachers Assn. Since section 425.16 neither states nor implies an exemption for malicious prosecution claims, for us judicially to impose one as Jarrow urges “would violate the foremost rule of statutory construction. Id. Nevertheless, we may observe that available legislative history buttresses a plain language construction. of CT, Inc., 103 F. Supp. Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Theodora Berger, Assistant Attorney General, Craig C. Thompson, Edward G. Weil and Susan S. Fiering, Deputy Attorneys General, for People of the State of California, ex rel. Suits which all reasonable lawyers agree totally lack merit — that is, those which lack probable cause — are the least meritorious of all meritless suits. When interpreting statutes, ‘we follow the Legislature’s intent, as exhibited by the plain meaning of the actual words of the law…. The complaint further alleges that Masquelier has participated in the manufacture, sale, and distribution of products in the state of Connecticut. Nor does the record afford any other basis for our gainsaying the Court of Appeal’s conclusion on this point. This is an action for damages and equitable relief in connection with the marketing and sale of nutritional supplements under certain United States patents. [FN 6] See, e.g., statement of Phillip Berry, national vice president (legal), Sierra Club, before the Judiciary Committee of the California Senate (May 8, 1990) page 3 (citing as an example of a SLAPP a lawsuit “for alleged malicious prosecution because of the filing of a lis pendens”); Pritzker and Goldowitz, First Amendment Project/California Anti SLAPP Project, Guarding Against the Chill: A Survival Guide for SLAPP Victims (1994) page 2 (listing as possible SLAPP’s suits for “Malicious Prosecution or Abuse of Process”); Canan and Pring, Strategic Lawsuits Against Public Participation (1988) 35 Soc. In sum, contrary to Jarrow’s implication, plausible reasons for the Legislature’s having equipped malicious prosecution defendants with both weapons–the probable cause defense and a potential anti-SLAPP motion — against meritless attack can easily be discerned. 2d 464 (1961). Salganik is represented by Yevgeniy "Eugene" I. Turin Sr. of Eugene Turin Law in Deerfield. Richard S. Order, Thomas W. Edgington, Updike, Kelly & Spellacy, P.C., Hartford, CT, for defendants. The issues presented are: 1) whether the court can exercise personal jurisdiction over Schwitters and Masquelier; 2) whether the Noerr-Pennington[6] immunity doctrine applies to Jarrow's causes of action; 3) whether the complaint alleges sufficient facts to state causes of action under CUTPA, the Lanham Act, the Connecticut vexatious litigation statute, and under common law tenants concerning tortious interference with business relations; and 4) whether the complaint alleges sufficient facts in order to hold the defendant, Norman H. Zivin, liable for each of the asserted causes of action. Jarrow's lawsuit arises from, among other things, the alleged sales and distribution of products in Connecticut by Masquelier along with the other defendants. 8, 10 (D.Mass.1994) ("Because [the defendant's] counterclaims allege that the lawsuit filed by [the plaintiff] is objectively baseless and conceals an attempt to interfere directly with the business relationships of a competitor, the counterclaims adequately state a claim and should not be dismissed under Fed.R.Civ.P. Critical-Vac Filtration Corp. v. Minuteman Int'l, Inc., 233 F.3d 697, 699 (2d Cir.2000) (citing Baker v. Gold Seal Liquors, Inc., 417 U.S. 467, 469 n. 1, 94 S. Ct. 2504, 41 L. Ed. On October 10, 1996, Masquelier assigned to INC "whatever rights, if any, he had in the '360 patent that reverted to him from Horphag." 638, 786 P.2d 365.). Dan-Dee Int'l, Ltd. v. Kmart Corp., No. (b)(2).). at 856 ("By its own terms, [15 U.S.C. § 22, authorizes nationwide service of process on corporations, ... Rule 4(k) (1) (D) applies [to the corporate defendant.]" 591, 594-95 (D.Conn.1986) (citations omitted). In language the Legislature first adopted in the 1870’s, [FN 7] the litigation privilege states simply that “A privileged publication or broadcast is one made … [i]n any … judicial proceeding….” (Civ.Code, § 47, subd. “‘Counsel and their clients have a right to present issues that are arguably correct, even if it is extremely unlikely that they will win….’ ” (Sheldon Appel Co., supra, 47 Cal.3d at p. 885, 254 Cal.Rptr. 819-820, 123 Cal.Rptr.2d 19, 50 P.3d 733; Roberts v. Sentry Life Insurance, supra, 76 Cal.App.4th at p. 383, 90 Cal.Rptr.2d 408. INC then filed a motion to amend the complaint and a motion for leave to join Centre d'Experimentation Pycnogenol ("CEP") as a party in connection with the District of Connecticut action. On September 5, 2000, the United States District Court for the Northern District of California granted summary judgment against INC. On February 2, 2001, in connection with another lawsuit by Horphag brought in France, a French court ruled that the exploitation of the '360 patent by INC was fraudulent, that the merger of CEP and SCIPA is annulled for fraud, that INC and CEP are enjoined under penalty of fine from exploiting the '360 patent, and that Horphag may exercise its right of preemption to become the sole owner of the '360 patent. Therefore, the defendants' motion to dismiss Jarrow's tortious interference cause of action is denied. Sept.19, 2000) (quoting PDK Labs Inc. v. Friedlander, 103 F.3d 1105, 1108 (2d Cir.1997)); see also United States Surgical Corp. v. Imagyn Med. There, the issue presented was whether the application of the Connecticut corporate long-arm statute, Conn. Gen.Stat. Satisfaction of the long arm statute alone, however, is not enough to establish personal jurisdiction over Masquelier. (See Albertson, supra, 46 Cal.2d at p. 382, 295 P.2d 405.) 2d 1283 (1958)). ", Paul Glusman, Esq. Probs. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 144, 81 S. Ct. 523, 5 L. Ed. 12(b) (6)."). v. Mass. Complaint ¶¶ 20, 23, 33, 50. Id. 2d at 911; see also Catrone, 647 F. Supp. Apple Cider Vinegar. 271, § 1; Stats.1999, ch. (b)(1).) 143, 696 P.2d 637) to actions based on statements made in litigation. 2d 626 (1965); E. R.R. Sign-up and get latest news about the courts, judges and latest complaints - right to your We disagree. Also, the exercise of personal jurisdiction over Masquelier is reasonable. In contrast to Critical-Vac, here, the complaint does allege, as part of its antitrust action, facts that arose after the filing of its motion to dismiss and related motion for summary judgment in the prior patent litigation. Jarrow Formulas, Inc., §§ 35-24 to -46[2] (the Connecticut Antitrust Act), Conn. Gen.Stat. By “pre-screening” mechanisms, Jarrow apparently refers to the elements of the malicious prosecution tort itself, and in particular to the element of lack of probable cause. Intentional or Negligent Infliction of Emotional Distress, Interference with Contract or Economic Advantage, CyberSLAPPs: Being Sued for Speech Online, First Amendment and Anti-SLAPP Legal Resources, U.S. Code 47 Section 230 (Communications Decency Act), Cases Involving the California Anti-SLAPP Law, SLAPP Cases Decided by the California Supreme Court, SLAPP Cases Decided by the California Courts of Appeal, SLAPP Cases Decided by the Ninth Circuit Court of Appeals, SLAPP Cases Decided by U.S. District Courts in California, First Amendment Cases Decided by the U.S. Supreme Court, Notifying the Judicial Council of California, First Amendment Related Cases Decided by California Courts.
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