Sterne, Agee & Leach, Inc. v. U.S. Bank National Association

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U.S. Bank National Association and U.S. Bancorp sought a writ of mandamus ordering the Jefferson Circuit Court to dismiss the malicious-prosecution case filed against them by Sterne, Agee & Leach, Inc. that arose out of a lawsuit prosecuted by U.S. Bank entirely in the State of Washington. The principle of "lex loci delicti" requires that the law of the state in which the antecedent lawsuit was terminated in favor of the complaining party governs a malicious-prosecution claim. Thus, Washington law governed Sterne Agee's claim of malicious prosecution. Accordingly, U.S. Bank's petition for writ for mandamus was granted, and the circuit court was ordered to dismiss Sterne Agee's malicious-prosecution case. View "Sterne, Agee & Leach, Inc. v. U.S. Bank National Association" on Justia Law