Skierkewiecz v. Gonzalez
United States District Court for the Northern District of Illinois
711 F. Supp. 931 (1989)
Relevant factsFree
The court had previously found that defendant-attorneys made numerous misrepresentations in obtaining an ex parte seizure order, without which the seizure application would not have been granted; the plaintiffs sued for trespass to chattels and to land (the latter based on the defendants' failure to leave the property once the seizure and U.S. Marshals departed), and the defendants moved to dismiss.
IssueFree
Whether a party that obtained an ex parte seizure order through wrongful conduct may use that order to defend against a claim of trespass resulting from execution of the order.