Herbert W. Rounseville and Robert Rounseville v. Samuel Zahl, Treva M. Way, and Geoffrey P. Serata

How courts have described this case

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

• holding that “our conclusion that the lack of probable cause presents a jury question likewise suggests that the existence of malice cannot be resolved through summary judgment”
• noting that under New York law, actual malice and lack of probable cause are closely related
• stating that plaintiff was not initially required to come forward with proof that a proceeding was terminated in his favor
• explaining that it was not sanctionable to sue a defendant with absolute immunity under section 1983 because he could have been involved in a conspiracy
• noting that a civil 26 conspiracy claim may be proved by circumstantial evidence
• recognizing lack of probable cause and presence of malice “closely related”

Source: CourtListener parenthetical corpus (CC0).