· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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