Lawyer Acquitted from Fraud Charges Sues Prosecutor & Insurer Who Reported Her
Post 5192
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Probable Cause for Arrest Eliminates Claim of Malicious Prosecution
In Leslie Casaubon v. Texas Mutual Insurance Company and Donna R. Crosby, Travis County District Attorney, No. 1:19-CV-617-RP, United States District Court, W.D. Texas, Austin Division (September 12, 2025) Texas Mutual Insurance Company (“Texas Mutual”) and Donna R. Crosby’s (“Crosby”) (together, “Defendants”) moved to dismiss the suit filed by Leslie Casaubon.
BACKGROUND
Leslie Casaubon, a workers’ compensation attorney, who brought claims against Texas Mutual Insurance Company and Donna R. Crosby, a Travis County District Attorney. Casaubon alleged that Texas Mutual and Crosby conspired to bring false charges of insurance fraud against her due to her success in obtaining favorable decisions against Texas Mutual.
Defendants secured two grand jury indictments against Casaubon for insurance fraud, for which Casaubon alleges Crosby used false or misleading evidence. Casaubon was ultimately acquitted of all charges by a jury .
LEGAL FINDINGS
The court dismissed Casaubon’s claims against Crosby for false arrest, defamation, tortious interference, and conspiracy without prejudice. Crosby’s motion was denied as to Casaubon’s malicious prosecution claim and Section 1983 claim to the extent Crosby is not protected by immunity .
Casaubon’s claims against Texas Mutual for malicious prosecution, false arrest, tortious interference, and conspiracy were dismissed without prejudice. Texas Mutual’s motion was denied as to Casaubon’s defamation claim. The court found that Casaubon sufficiently alleged her defamation claim against Texas Mutual, but not against Crosby.
The court concluded that Casaubon failed to state a claim against Crosby for defamation as she did not identify any specific false statement Crosby made. The court found that Casaubon failed to state a claim for malicious prosecution against Texas Mutual as she did not plausibly allege that Texas Mutual initiated or procured her prosecution.
DISCUSSION
Immunity – Texas Mutual’s Immunity
As a threshold matter, Texas Mutual asserts it is entitled to immunity for its actions that give rise to Plaintiff s claims. Under Texas law, insurers must report suspected fraudulent activity and are “not liable in a civil action . . . and a civil action may not be brought . . ., for furnishing information relating to a suspected, anticipated, or completed fraud insurance act.” Tex. Ins. Code Ann. § 701.052(a) (West). Further, Texas has specifically granted Texas Mutual immunity for “identifying or referring a person for investigation of or prosecution for a possible administrative violation or criminal offense.”
CROSBY’S IMMUNITY
Despite relying on sovereign immunity, Crosby opens her motion by observing that Plaintiff sues Crosby, presumably in her individual capacity only. As Crosby interprets Plaintiff’s state-law torts to be against Crosby in her individual capacity, sovereign immunity does not apply.
Crosby argued Plaintiff must satisfy Rule 9’s requirement of pleading with particularity Plaintiff alleges Crosby intentionally presented false evidence to the grand juries. An allegation that misleading and fabricated evidence was presented to the grand jury is a serious charge, and if properly pleaded, could state an actionable wrong if the Defendants knowingly or with reckless disregard for the truth presented false evidence to the grand jury. Crosby argues Plaintiff fails to plead the “who, what, when, where, and how” of the alleged fraud because Plaintiff does not specify any particular statements made or proffered by Crosby or explain why they were fraudulent.” The Court agreed that Plaintiff failed to identify the allegedly false evidence Crosby presented to the grand juries or explain why it was indeed false. Plaintiff failed to plead with particularity the allegedly false evidence before the grand juries.
Against Texas Mutual, the Court found Plaintiff fails to state a claim for malicious prosecution, false arrest, tortious interference, and conspiracy, but succeeds in stating her claim for defamation. Against Crosby, Plaintiff fails to state a claim for false arrest, tortious interference, conspiracy, and defamation.
MALICIOUS PROSECUTION
Crosby and the grand juries’ roles in initiating and procuring Plaintiff’s prosecution was left to both Crosby and two grand juries after Texas Mutual reported Plaintiff. Because a person is not liable for merely aiding or cooperating in causing a criminal prosecution the Court found Plaintiff failed to state a claim against Texas Mutual for malicious prosecution.
FALSE ARREST
To sufficiently state a claim for false arrest, Plaintiff must show her arrest was made without authority of law. Because Plaintiff was arrested following her indictment, there was probable cause for her arrest, meaning her arrest was not made without authority of law. Therefore, Plaintiff’s claims for false arrest against Texas Mutual and Crosby were dismissed.
TORTIOUS INTERFERENCE
Plaintiff alleges that as a result of Defendants’ actions, clients of her workers’ compensation practice terminated their contracts with her. The Court dismissed Plaintiff’s tortious interference claims against Texas Mutual and Crosby.
DEFAMATION
Finally, the Court found Plaintiff sufficiently alleged her defamation claim against Texas Mutual, but not against Crosby. Accordingly, the Court finds Plaintiff stated a claim against Texas Mutual for defamation.
Plaintiff failed to state a claim against Crosby for defamation. Plaintiff vaguely alleged Crosby’s entire prosecution of her was defamatory, but such allegations are too broad and conclusory to survive a 12(b)(6) motion.
ZALMA OPINION
In the United States reporting a person to prosecutors for a crime is privileged unless made with malice. In this case the charges went to a grand jury that issued an indictment that established probable cause for arrest. That she was acquitted established only that the state failed to prove her claims of malicious prosecution and other torts beyond a reasonable doubt. She may attempt to prove that Texas Mutual defamed her. Note, truth is a perfect defense to a defamation action and the fact that a grand jury issued an indictment indicates that the reports Texas Mutual were truthful.
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Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251
Read the full article at https://lnkd.in/gnBaCjmv, see the video at https://lnkd.in/gfpVsyAd and at https://lnkd.in/gC73Nd8z, and at https://zalma.com/blog plus more than 5250 posts.
A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended
In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.
On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.
ADMISSIONS
Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son ...
Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251
Read the full article at https://lnkd.in/gnBaCjmv, see the video at https://lnkd.in/gfpVsyAd and at https://lnkd.in/gC73Nd8z, and at https://zalma.com/blog plus more than 5250 posts.
A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended
In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.
On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.
ADMISSIONS
Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son ...
Insurer’s Exclusion for Claims of Assault & Battery is Effective
Post 5250
Read the full article at https://lnkd.in/gBzt2vw9, see the video at https://lnkd.in/gEBBE-e6 and at https://lnkd.in/gk7EcVn9, and at https://zalma.com/blog plus more than 5250 posts.
Bar Fight With Security is an Excluded Assault & Battery
In The Cincinnati Specialty Underwriters Insurance Company v. Mainline Private Security, LLC, et al., Civil Action No. 24-3871, United States District Court, E.D. Pennsylvania (December 16, 2025) two violent attacks occurred in Philadelphia involving young men, Eric Pope (who died) and Rishabh Abhyankar (who suffered catastrophic injuries). Both incidents involved security guards provided by Mainline Private Security, LLC (“Mainline”) at local bars. The estates of the victims sued the attackers, the bars, and Mainline for negligence and assault/battery. The insurer exhausted a special limit and then denied defense or indemnity to Mainline Private Security.
INSURANCE COVERAGE
Mainline had purchased a commercial ...
Court Must Follow Judicial Precedent
Post 5252
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Insurance Policy Interpretation Requires Application of the Judicial Construction Doctrine
In Montrose Chemical Corporation Of California v. The Superior Court Of Los Angeles County, Canadian Universal Insurance Company, Inc., et al., B335073, Court of Appeal, 337 Cal.Rptr.3d 222 (9/30/2025) the Court of Appeal refused to allow extrinsic evidence to interpret the word “sudden” in qualified pollution exclusions (QPEs) as including gradual but unexpected pollution. The court held that, under controlling California appellate precedent, the term “sudden” in these standard-form exclusions unambiguously includes a temporal element (abruptness) and cannot reasonably be construed to mean ...
Lack of Jurisdiction Defeats Suit for Defamation
Post 5250
Posted on December 29, 2025 by Barry Zalma
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He Who Represents Himself in a Lawsuit has a Fool for a Client
In Pankaj Merchia v. United Healthcare Services, Inc., Civil Action No. 24-2700 (RC), United States District Court, District of Columbia (December 22, 2025)
FACTUAL BACKGROUND
Parties & Claims:
The plaintiff, Pankaj Merchia, is a physician, scientist, engineer, and entrepreneur, proceeding pro se. Merchia sued United Healthcare Services, Inc., a Minnesota-based medical insurance company, for defamation and related claims. The core allegation is that United Healthcare falsely accused Merchia of healthcare fraud, which led to his indictment and arrest in Massachusetts, causing reputational and business harm in the District of Columbia and nationwide.
Underlying Events:
The alleged defamation occurred when United ...
Zalma’s Insurance Fraud Letter
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ZIFL Volume 29, Issue 24
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Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/
Zalma’s Insurance Fraud Letter
Merry Christmas & Happy Hannukah
Read the following Articles from the December 15, 2025 issue:
Read the full 19 page issue of ZIFL at ...