Ratcliffe v. Fogus

By Judge James V. Lane

This matter came before the Court on Defendant’s Plea in Bar to Plaintiffs Complaint of malicious prosecution. The Court heard oral argument on February 8, 2010. Having reviewed the parties’ memoranda and the applicable law, the Court now overrules Defendant’s Plea in Bar.

In her Plea in Bar, Defendant argues that, before instituting her complaint for stalking against Plaintiff, she met with reputable counsel with the honest purpose of being informed of the law, made a full and honest disclosure of material facts to counsel, and relied in good faith upon counsel’s advice.…