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Abbey L. Kaplan

Is Malicious Prosecution Dead?

By August 9, 2013

By Abbey Kaplan and Marko Cerenko In the recent case of Wolfe v. Foreman, the Third District Court of Appeals may have effectively eliminated malicious prosecution as a cause of action all together.  Was that the intention of the court?  Are defendants who were wrongfully sued no longer able to …

When is a Contract not a Contract?

By January 14, 2013

By Abbey L. Kaplan The scenario: you are at a charity event sponsored by a real estate development firm and the MC, the company president, asks if anyone wants to buy his lavish home for $5,000.  A man in the audience shouts “I’ll take it!”.  The man does not pay the $5,000 before …