Laganella v. Braen (In re Braen)

OPINION OF THE COURT

STAPLETON, Circuit Judge:

In this appeal, we review the district court’s holding that a state court malicious prosecution judgment awarded against the debtor, Samuel Braen, Jr., did not collaterally estop consideration of whether Braen had been willful and malicious within the meaning of § 523(a)(6) of the Bankruptcy Code 94 B.R. 35. We conclude that the appellants have demonstrated that collateral estoppel is appropriate in this case and will therefore reverse the district court’s decision.

I

Appellants Laganella and P.T. & L. filed suit in a New Jersey state court against…