A divided Texas Supreme Court held Jan. 9 that federal bankruptcy law does not pre-empt a Houston attorney’s state civil malicious prosecution suit stemming from the filing of an adversarial action in a bankruptcy proceeding.

The state Supreme Court’s 5-4 decision in Graber, et al. v. Fuqua, a case of first impression in Texas, allows Richard L. Fuqua to pursue his almost 9-year-old claim alleging that Thomas Graber and Hopkins & Sutter, a former firm in which Graber had been a partner, wrongfully sued Fuqua 20 years ago.

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