United States First Circuit

Because a third party complaint against plaintiff does not allege the required element of special injury, it did not state or adumbrate (broadly outline) a claim for malicious prosecution as that offense is defined by New York law, thus defendant is not required to reimburse plaintiff for litigation expenses incurred in the course of defending the lawsuit.

Appellate Information

• Decided 07/17/2003
• Published 07/17/2003

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martin C. Pentz, with whom Nutter McClennen & Fish LLP was on brief, for appellants.


• For Appellees:
  
• Megan E. Kures with whom Robert P. Powers, and Melick, Porter & Shea, LLP, were on brief, for appellee.