United States Ninth Circuit

In malicious prosecution cases brought by the estate of civil rights activist Cynthia DeLores Tucker and her husband against recording labels and attorneys who had sued her, summary judgment for defendants is affirmed in part where, on the evidentiary record before the district court, it correctly concluded, with one exception, that plaintiffs did not present sufficient evidence to defeat the motions for summary judgment on the issue of malice. Summary judgment on a malicious prosecution claim, predicated on an abuse of process claim included in a complaint filed by Death Row Records' attorney against Tucker, is reversed and remanded for trial.

Appellate Information

• Argued 05/11/2007
• Decided 02/08/2008
• Published 02/08/2008

Judges

• Before:  JOHN T. NOONAN, RICHARD A. PAEZ, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard C. Angino, Harrisburg, Pennsylvania, for the appellants.


• For Appellees:
  
• Steven A. Marenberg, Perry M. Goldberg, & Jason Linder, Los Angeles, California, for appellees David Kenner, Geoffrey Thomas, Interscope Records, Inc., Interscope Records, Charles B. Ortner, and Paul, Hastings, Janofsky & Walker LLP.  Ronald L. Leibow, Los Angeles, California, for appellee Death Row Records, Inc.