10th Circ. Rejects Atty Deceit Suit Over Penis Loss Claim

Law360, Chicago (June 6, 2013, 3:52 PM EDT) -- The 10th Circuit sided with Harvey Law Firm LLC on Wednesday in a nursing home's suit alleging malicious abuse of process and attorney deceit, upholding a ruling that said the firm had probable cause to bring an underlying negligence case that inaccurately alleged a patient had lost his penis.

A three-judge panel shot down the appeal that nursing facility owner and operator THI of New Mexico at Valle Norte LLC launched after a New Mexico federal court granted summary judgment in favor of the firm, which...
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