Donald S. Engel Engel & Engel v. Cbs Incorporated Moses & Singer Stanley Rothenberg

This is an appeal from an entry of summary judgment in favor of the defendant, CBS Inc., in an action for malicious prosecution. The plaintiff who brought this action, Don Engel, is counsel to the lead singer of the popular rock music group Boston. Plaintiff Engel alleged that CBS’s suit against him, to enjoin his conduct in representing the group, was vexatious litigation. In granting summary judgment, the district court held that the law of California, the place of the plaintiff’s domicile, rather than the law of New York, the jurisdiction of the purported vexatious litigation, applied. We disagree with the district court’s choice of law analysis, however, and hold that New York law governs resolution of this case because under California’s comparative impairment analysis, New York’s interests would be more significantly impaired if its law were not applied.

This conflict of law analysis is relevant because New York imposes a special injury requirement in malicious prosecution cases. Under New York law, plaintiff must ordinarily establish damages flowing from interference with person or property, beyond the damages normally attendant upon litigation. Under California law, there…