Abuse of Process

• Abuse of process

• Antitrust rulemaking as a solution to abuse of the standard-setting process.

While many recognize the critical role that technology plays in modern life, few appreciate the role that standards play in contributing to its succes...

• Michigan Law Review
• Vol. 110 Nbr. 5, March 2012

• High Court to consider international arbitration and abuse of process.

Key Points: The Michael Wilson & Partners Limited case will test the operation of a foreign arbitral award made after an Australian judgment The Hig...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Arbitration and abuse of process: High Court clarifies their interaction in Australian law.

Key Points: There is no automatic bar to maintaining proceedings merely because there is an arbitration on foot between some related parties. The ...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• P.N. Gilcrest Ltd. Partnership v. Doylestown Family Practice, Inc., (Ohio 2011)

negligence – trespass – abuse of process – summary judgment – motion to compel – motion for sanctions – actual possession – constructive possession

• Ohio Supreme Court

• No Abuse of Process in Bringing Second Set of Proceedings With Related Subject Matter.

In February, Victoria's Court of Appealoverturned a decision preventing the Australian Securities and Investments Commission ("ASIC") from bringing a ...

• Mondaq Business Briefing
• Nbr. 2010, January 2010

• Bankruptcy Code Preempts State Law Abuse of Process Claim, Rules Pennsylvania Supreme Court

A state law abuse of process claim based on the filing of a frivolous claim in a bankruptcy proceeding is completely preempted by the Bankruptcy Code, the Pennsylvania Supreme Court has ruled. A group of law partners formed a corporation to purchase and maintain real estate. They bought property, but then defaulted on their loan. One of the partners subsequently formed his own corporation and purchased the loan note.

• Lawyers USA
• November 06, 2006

• Strike Out: Abuse Of Process.

Article by Peter Mansfield and Giles Tagg The Court of Appeal has recently considered the issue of strike out for abuse of process. At first instanc...

• Mondaq Business Briefing
• Nbr. 2008, March 2008

• Abuse of Process

The use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to iss...

• West's Encyclopedia of American Law
• A–Ba

• California Supreme Court Rules Lawyer Can't Be Sued for Abuse of Process

A lawyer who allegedly submitted false affidavits of service in order to obtain a default judgment could not be sued for abuse of process for actions taken to collect on the judgment, the California Supreme Court has ruled. The attorney represented clients who were involved in a bitter dispute with the plaintiff and the plaintiff's father over the sale of a home. On behalf of his clients, the attorney sued the plaintiff for fraud. He obtained a default judgment in the fraud case after the plaintiff failed to appear. The attorney subsequently sought to collect on the judgment by applying for a writ of execution and levying on the plaintiff's property in Nevada.

• Lawyers USA
• March 13, 2006

• Abuse-of-Process Claim No Help to Lawyer in Disbarment Case Before Md Court of Appeals

A lawyer who moved a $7,500 settlement into his operating account, then some of it days later to help pay for his wedding, was disbarred yesterday by the Court of Appeals. The top court rejected Quinton Delmer Roberts' claim that his bank records should have been excluded because of an abuse of process by the Attorney Grievance Commission.

• The Daily Record (Baltimore)
• August 04, 2006