Arora v. Chui

PRESIDING JUSTICE McLAREN,

dissenting:

MALICIOUS PROSECUTION

The law of Illinois, inter alia, is that there must be a "favorable termination” in order to plead properly a cause of action recognized in this State as malicious prosection.

I submit that a reasoned review of Illinois case law establishes that a "favorable termination” can typically occur in two situations: first, a trial or hearing "on the merits” which is terminated in the plaintiffs favor; second, a termination of the proceedings, not "on the merits,” but with sufficient facts alleged to indicate that, if there were a trial or…