Summary judgment obtained on appeal in case argued by B&C partner Dan Malinski

Published on in Firm Highlights

Dan Malinski

The U.S. Ninth Circuit Court of Appeals recently affirmed the summary judgment which B&C attorney Dan Malinski obtained in the district court on the issue of immunity in a potential multi-million dollar case against several clients, including a governmental entity. The plaintiffs originally brought suit alleging a federal civil rights claim as well as state law tort claims, including malicious prosecution.  On behalf of his clients, Malinski moved for summary judgment as to all of plaintiffs’ claims on various grounds, principally the issue of immunity. After considering briefing and oral argument, the district court agreed with Malinski.  Plaintiffs then appealed.

Following extensive additional briefing by the parties, the Ninth Circuit heard oral argument on plaintiffs’ appeal in San Francisco on June 15. Malinski presented his clients’ argument to the court at that time.  Within 10 days the Ninth Circuit issued its opinion agreeing with the points Malinski had made, and finding in favor of his clients.  This is an exceptional victory in light of the difficulties associated with obtaining summary judgment, and then obtaining appellate court approval of that judgment.