McAtee v. Morrison & Frampton
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The Supreme Court affirmed in part and reversed in part the orders of the district court granting summary judgment in favor of Defendant and dismissing Plaintiff's malicious prosecution claim with prejudice, holding that the district court erred.
Defendant filed a civil complaint on behalf of Whitefish Credit Union (WCU) alleging that Plaintiff committed fraud when she foreclosed on certain property. Defendant also reported the fraud allegations to federal law enforcement authorities, resulting in Plaintiff's indictment. Before Plaintiff's resulting criminal charges and civil fraud claims were eventually dismissed Plaintiff filed for bankruptcy and received a discharge. Plaintiff filed a civil lawsuit alleging malicious prosecution, abuse of process, and constructive fraud based on Defendant's involvement in initiating fraud proceedings against her. Defendant moved for summary judgment, asserting that Plaintiff was judicially estopped from pursuing her claims because she failed to disclose the claims as assets in her personal bankruptcy. The district court ultimately granted summary judgment in favor of Defendant. The Supreme Court reversed in part, holding that the district court (1) erred in granting summary judgment on Plaintiff's civil malicious prosecution claim; and (2) properly granted summary judgment to the extent it applied judicial estoppel to Plaintiff's claim as premised on the criminal charges that were brought against her.
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