Legal Opinion
Wolfinger v. Cheche
Court of Appeals of Arizona
Decided December 9, 2003No. 1 CA-CV 02-0421, 1 CA-CV 02-0422PublishedCited by 18 opinions
1Opinion of the Court
OPINION
BARKER, Judge.
¶ 1 This is a complex wrongful institution of civil proceedings (‘WICP”) claim that draws on thirteen years of litigation between the parties or them clients. As part of this action, we establish that surviving a motion for summary judgment is not a per se bar to a WICP claim and that the subjective intent of the defendant to a WICP claim is irrelevant as long as the claim pursued was objectively reasonable.
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Facts and Procedural Background
¶ 2 The thirteen-year history here involves three separate lawsuits. While a WICP claim is necessarily a case within a case, here, we…
2Cases cited24 opinions
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- Porous Media Corporation v. Pall CorporationCourt of Appeals for the Eighth Circuit · 1999
- Orme School v. ReevesArizona Supreme Court · 1990
- Bradshaw v. State Farm Mutual Automobile InsuranceArizona Supreme Court · 1988
- Frey v. StonemanArizona Supreme Court · 1986
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Safeway Ins. Co., Inc. v. GuerreroArizona Supreme Court · 2005
- Ingold v. AIMCO/Bluffs, L.L.C. ApartmentsSupreme Court of Colorado · 2007
- Chalpin v. SnyderCourt of Appeals of Arizona · 2008
- Villa De Jardines Ass'n v. Flagstar Bank, FSBCourt of Appeals of Arizona · 2011
- Simon v. Safeway, Inc.Court of Appeals of Arizona · 2007
13 more not listed; retrieve them via the Exa API.