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· 6/22/2011

Avery v. International Paper Co. Sickness & Accident Plan

Citations

  • 833 F. Supp. 2d 1101
  • 2011 WL 2489923
  • 2011 U.S. Dist. LEXIS 66603

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that school suspension “procedures [we]re sufficiently trial-like on their face to support a claim for malicious prosecution” at the Rule 12(b)(6
  • declining to dismiss false arrest claim against Department of Education defendants who summoned the police
  • “no reasonable person could believe that it was lawful to report such knowingly false information to cause the arrest of the plaintiff”
  • ‘Under New York law, respondeat superior ‘does not stand alone as a substantive cause of action.’”
  • “Under New York law, respondeat superior ‘does not stand alone as a substantive cause of action.’”
  • “Because no criminal proceedings were brought against the plaintiff, the state law malicious prosecution claim can only be based on the disciplinary proceedings surrounding the plaintiff's suspension from school”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dawson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.