Cult Awareness Network v. Church of Scientology International

How courts have described this case

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

• holding that, “if the dismissal was merely a formal means of securing a negotiated settlement, it cannot serve as the basis for a malicious prosecution action”
• stating that a dismissal may give rise to an inference of a lack of probable cause under some circumstances
• stating that “we wish to stress that our holding with respect to the special injury requirement should not be viewed as a rejection of the rule as set forth in our earlier opinions”
• noting that Illinois law disfavors an action for malicious prosecution
• looking to Swick to develop similar guidelines for evaluating malicious prosecution suits predicated on prior civil proceedings and applying those guidelines to a motion to dismiss
• adopting the Restatement approach and considering the underlying circumstances of dismissal

Source: CourtListener parenthetical corpus (CC0).