Courts split on defense for malicious prosecution

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 15, 2024 11:10 AM

When Kaylee Schnelle — a Colorado real estate broker sued by a former client, Patricia Ann Scott, for alleged professional malpractice — triumphed in a jury trial and struck back with a complaint alleging malicious prosecution, Scott countered with a defense that split courts across the country into “two camps.”Schnelle’s requests for summary judgment and a directed verdict were denied in the malpractice case, and Scott argued these rulings meant Schnelle could not establish a crucial element of malicious prosecution …

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