Perry v. Rein

Plaintiff, an Oregon attorney, appeals from the trial court’s grant of summary judgment in favor of defendants, who are also attorneys, on plaintiffs claim for wrongful initiation of civil proceedings. ORCP 47. Plaintiff contends that the trial court erred in determining, as a matter of law, that defendants had probable cause to prosecute the underlying action, an action that alleged that plaintiff had, among other things, conspired to defraud a third party of $1 million. We reverse and remand.

Because this case was resolved on a motion for summary judgment, we view the summary judgment record…