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· 7/15/1985

Ginnie G. Davis v. Veslan Enterprises v. McGraw Company

Citations

  • 765 F.2d 494
  • 2 Fed. R. Serv. 3d 836
  • 1985 U.S. App. LEXIS 30941

How courts have described this case

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

  • holding that plaintiff’s statement in closing argument that it “boggles [his] imagination” and is “inconceivable to [him]” that the nondiverse defendant “didn’t apply his brakes on the night of the accident” was not voluntary abandonment
  • noting that the nondiverse defendants “did not draw solace from the alleged abandonment of claims against them” and instead “continued to attempt to reach a settlement with [plaintiff]”
  • noting that “[e]ven assuming the persuasive value of the Heniford opinion—a question this Court need not reach here—plaintiff[’s] arguments to the jury plainly failed to create the abandonment of claims against the [non-diverse] defendants”
  • “[P]robable cause is an absolute defense to malicious prosecution.”
  • pre-amendment case employing subjective “bad faith” analysis

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Johnson, Higginbotham

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.