Legal Opinion

Smith v. Hurd

District Court, D. Hawaii

Decided November 30, 1988No. Civ. 88-00147 HMFPublishedCited by 7 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

FONG, Chief Judge.

BACKGROUND

This malicious prosecution action arises out of the prosecution of claims asserted against Hugh Smith in the case of Nagano v. Ledbetter, Civil No. 85-0211 (hereinafter “Nagano ”). Defendants in this case include those parties named as plaintiffs in the Nagano case, as well as Charles Hurd, the law firm of Damon Key Char & Bock-en, and the individual members of that law firm. The complaint in this case contains five counts. Counts I and II allege malicious prosecution, count III alleges abuse of process,…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Sterling Usher v. City of Los Angeles, Richard A. Gonzales, Michael E. Melton, Jose E. Ramirez, Joe Rios, and Robert L. VannCourt of Appeals for the Ninth Circuit · 1987
  4. Gillespie v. CivilettiCourt of Appeals for the Ninth Circuit · 1980
  5. Roberts v. CorrothersCourt of Appeals for the Ninth Circuit · 1987

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3Cited by7 opinions

  1. Texas Beef Cattle Co. v. GreenTexas Supreme Court · 1996
  2. Wong v. CayetanoHawaii Supreme Court · 2006
  3. Wiseman v. BatchelorSupreme Court of Arkansas · 1993
  4. Harris v. Office of Personnel ManagementCourt of Appeals for the Federal Circuit · 1993
  5. Johnson v. United StatesDistrict Court, District of Columbia · 1990

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