Jackson v. Truth Seeker Co., Inc.

1 Citing case

  1. In re Glannon

    245 B.R. 882 (D. Kan. 2000)   Cited 34 times
    Holding that a claim for damages under § 303 is analogous to the common law claim for malicious prosecution

    128 B.R. at 315 (discussing the relationship between §§ 303(i) and 523(a)(6) of the Bankruptcy Code). These findings show that other courts have also recognized a § 303(i) claim's equivalency to a common law claim for malicious prosecution. Significantly, a claim for malicious prosecution was considered to be an action at law in Eighteenth Century England. See 2 William Blackstone, Commentaries *126; 2 Wils. 244, 248 (1764); 52 Am.Jur.2d, Malicious Prosecution § 9, p. 191; Jackson v. Truth Seeker Co., Inc., 884 F. Supp. 370, 374-75 (S.D.Cal. 1994). Thus, because a § 303(i) claim is analogous to an action which, at common law, was decided by English law courts, the first prong of the Granfinanciera test is met.