Partner, Michael Marable, recently obtained summary judgment in federal court. Michael represented a retailer…
The Supreme Court of Alabama recently affirmed the Calhoun County Circuit Court’s summary judgment in favor of Julie Pearce’s client, a retailer accused of maliciously prosecuting and detaining a customer for theft. The trial court determined that Julie’s client established as a matter of law that it had probable cause to detain and prosecute the customer, who was observed swapping price tags on an item and purchasing the more expensive item at a lesser price. Julie also argued that the store’s video evidence directly controverted the customer’s version of events, which rendered the latter version unbelievable. The Court also upheld the dismissal of additional claims against the retailer, including claims for invasion of privacy, outrage, and negligent hiring, retention, training, and supervision.