Ellis County State Bank, Tracy Fletcher, John A. Hastings, Jr., and Don Harris, Petitioners v. Glenn Keever, Respondent

Summary

The Texas Supreme Court held that malicious prosecution claims are decided by a preponderance of the evidence, that prejudgment interest may not be awarded on punitive damages, and that the Court of Appeals must reconsider the punitive damages award using the standards set out in Transportation Insurance Co. v. Moriel. The Court affirmed liability for actual damages while remanding for punitive damages review. Justice Hecht dissented in part, arguing the evidence did not support liability, and Justice Doggett dissented in part, arguing prejudgment interest should be allowed and no remand required.