Quimbee logo
DMCA.com Protection Status

In re American Continental/Lincoln Savings & Loan Securities Litigation

884 F. Supp. 1388 (1995)

Case BriefRelatedOptions
From our private database of 30,900+ case briefs...

In re American Continental/Lincoln Savings & Loan Securities Litigation

United States District Court for the District of Arizona

884 F. Supp. 1388 (1995)

Facts

Lexecon (plaintiff) was an economic consulting firm. Daniel Fischel (plaintiff) was a law professor and an employee of Lexecon. Lexecon and Fischel helped firms prepare their defenses in a class-action lawsuit involving alleged securities-law violations. A group of law firms (collectively, the law firms) (defendants) assisted the plaintiffs in the lawsuit. The law firms attempted to add Lexecon and Fischel as defendants in the class-action lawsuit, alleging that Lexecon and Fischel had learned of securities violations committed by their clients and continued to aid the firms regardless. In 1990, after filing five previous complaints in the case, the law firms proposed a sixth complaint that included allegations against Lexecon and Fischel. The proposed sixth complaint was passed around to parties on the litigation’s service list. Though the proposed sixth complaint was never filed, the complaint that the law firms eventually filed against Lexecon and Fischel was substantially the same. In 1992 Kevin Roddy, a partner in one of the law firms, wrote a letter to the National Law Journal (the letter) alleging that Lexecon had performed wrongful activities on behalf of firms involved in the class-action lawsuit. Though their initial attempts were unsuccessful, the law firms successfully added Lexecon as a named defendant. Lexecon and Fischel sued the law firms in federal district court for malicious prosecution, abuse of process, and defamation, arguing that the law firms attempted to add Lexecon and Fischel as named defendants to the class-action lawsuit to harm their reputations and to prevent them from consulting with the defendant firms during the litigation. The district court dismissed the malicious-prosecution and abuse-of-process claims, holding that the allegations made against Lexecon and Fischel were not baseless and did not lack probable cause. The remaining defamation claims relied on the proposed sixth complaint and the letter. The law firms moved for summary judgment, arguing that the proposed sixth complaint and the letter were not defamatory.

Rule of Law

Issue

Holding and Reasoning (Roll, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 551,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 551,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 30,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership