abuse of process lawsuit

17707 results for abuse of process lawsuit

  • vLex Rating
  • 481 U.S. 1 (1987), 85-1798, Pennzoil v. Texaco, Inc.

    ... of state judgments on grounds that challenge the very process by which those judgments were obtained. So long as such ... of jurisdiction over the subject matter of this lawsuit", and upon that ground alone I would reverse the decision below. \xC2"... . matter what abuses the federal plaintiff might be sustaining. See Trainor v. ...

  • 512 U.S. 477 (1994), 93-6188, Heck v. Humphrey

    ... permits damages for confinement imposed pursuant to legal process. "If there is a false arrest claim, damages for that claim cover ... . prosecution but to the tort of abuse of process as well, see Wyatt v. Cole, supra, at 164 (calling ... a state criminal defendant brings a federal civil-rights lawsuit during the pendency of his criminal trial, appeal, or state ...

  • 501 U.S. 32 (1991), 90-256, Chambers v. Nasco

    ...In invoking the inherent power to punish conduct which abuses the judicial process, a court must exercise discretion in ... appropriate sanction, which may range from dismissal of a lawsuit to an assessment of attorney's fees. Although the "American Rule" ...

  • 461 U.S. 424 (1983), 81-1244, Hensley v. Eckerhart

    ... in considering the amount of a reasonable fee.  Where a lawsuit consists of related claims, a plaintiff who has won substantial ... of patients in the Biggs Building without procedural due process.  Count III sought compensation for patients who performed ... following Brown have made clear that, although it is an abuse of discretion to deny fees entirely to any plaintiff who has ...

  • 492 U.S. 257 (1989), 88-556, Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.

    ... of the Eighth Amendment was the potential for governmental abuse of "prosecutorial" power, not concern with the extent or purposes ... the punitive damages award was excessive under the Due Process Clause of the Fourteenth Amendment, this Court will not consider ...In a diversity action, or in any other lawsuit where state law provides the [109 S.Ct. 2922] basis of decision, ...

  • 508 U.S. 49 (1993), 91-1043, Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.

    ...Noting that PRE's sole argument was that the lawsuit was a sham because Columbia did not honestly believe its ...at 144, through the "use [of] the governmental process -- as opposed to the outcome of that process -- as an ... characterized "sham" litigation as one of two types of "abuse of . . . judicial processes": either "`misrepresentations . . . ...

  • 15 F.3d 443 (5th Cir. 1994), 90-8431, Doe v. Taylor Independent School Dist.

    ... Jane Doe for permitting violations of her substantive due process right to bodily integrity. The district court denied their claim ... Clause of the Fourteenth Amendment and that physical sexual abuse by a school employee violates that right. Second, we hold that ...1983 civil rights lawsuit against Stroud, the school district, . . Superintendent ...

  • 554 U.S. 570 (2008), 07-290, District of Columbia v. Heller

    ...He thereafter filed a lawsuit in the Federal District Court for the District of Columbia ... provision from another provision deleted in the drafting process. 12 In any case, what Justice Stevens would conclude from the ..., the right secured in 1689 as a result of the Stuarts' abuses was by the time of the founding understood to be an individual ...

  • 559 U.S. 573 (2010), 08-1200, Jerman v. Carlisle

    ....2d 523] its attorneys (collectively Car­lisle), filed a lawsuit in Ohio state court on behalf of a mortgage com­pany to ... statutory phrase is more natu­rally read to apply to processes that have mechanical or other such "regular orderly" steps to .... . continuously with intent to annoy, abuse, or harass"). Including mistakes as to the scope of such a ...

  • 542 U.S. 692 (2004), 03-339, Sosa v. Alvarez-Machain

    ... courts in taking his rule as the predicate for a federal lawsuit, for its implications [124 S.Ct. 2745] would be breathtaking. It ...Today's opinion approves that process in principle, though urging the lower courts to be more ..., false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or ...

  • 207 F.3d 1303 (11th Cir. 2000), 97-8189, Alexander v Fulton County Georgia

    ... that he was not permitted to compete in the promotional process for the rank of classified lieutenant, also because of race. ...'s joinder of Plaintiffs' claims and denial of severance for abuse of discretion. Nor-Tex Agencies, Inc. v. Jones, 482 F.2d 1093, ... resolution of disputes, thereby eliminating unnecessary lawsuits. See Mosley v. General Motors Corp., 497 F.2d 1330, 1332 (8th ...

  • 523 U.S. 44 (1998), 96-1569, Bogan v. Scott-Harris

    ..., the time and energy required to defend against a lawsuit are. .         of particular concern at the local ...Moreover, certain deterrents to legislative abuse may be greater at the local level than at other levels of ... the ultimate check on legislative abuse, the electoral process, cf. Tenney, supra, at 378. Indeed, any argument that the ...

  • 376 U.S. 254 (1964), 39, New York Times Co. v. Sullivan

    ...Although this is a civil lawsuit between private parties, the Alabama courts have applied a state ..., expressed opinion, recited grievances, protested claimed abuses, and sought financial support on behalf of a movement whose ..., particularly in regard to a man's mental states and processes, are inevitable. . . . Whatever is added to the field of libel is ...

  • 550 U.S. 544 (2007), 05-1126, Bell Atlantic Corp. v. Twombly

    ... entitlement can be weeded out early in the discovery process, given the common lament that the success of judicial supervision in checking discovery abuse has been modest. Plaintiffs' main argument against the ... held that "a complaint in an employment discrimination lawsuit [need] not contain specific facts establishing a prima facie case ...

  • 882 F.2d 553 (1st Cir. 1989), 88-1881, Gutierrez-Rodriguez v. Cartagena

    ... him of his constitutional right of liberty without due process of law. He also brought suit against Domingo Alvarez, the ... fifth amendment privilege against testifying constitute an abuse of discretion; (6) should the jury award have been reduced or a ... named the Commonwealth of Puerto Rico as a party in the lawsuit and suggested that the story was the result of plaintiff's father ...

  • 549 U.S. 384 (2007), 05-1240, Wallace v. Kato

    ... the time the claimant becomes detained pursuant to legal process. Pp. 387-397. (a) The statute of limitations in a §1983 suit is ..., Law of Malicious Prosecution, False Imprisonment, and Abuse of Legal Process §2, p. 57 (1892) (footnote omitted). See also 7 ... of being immediately sued by the filing of a §1983 lawsuit, rife with stays and delays, which otherwise, in the course of ...

  • 481 U.S. 787 (1987), 85-1329, Young v. United States ex rel. Vuitton et Fils S.A.

    ...2129] a lawsuit brought in December, 1978, in the District Court for the Southern ... of in-court contempts that interfere with the judicial process. They argue that out-of-court contempts, which require ... purposes, the prosecution function has been seriously abused even if, in the process, sufficient evidence is obtained to ...

  • 468 U.S. 42 (1984), 83-264, Burnett v. Grattan

    ... whose civil rights have been violated and to prevent the abuse of state power are far different from the goals of the state ... has directed federal courts to follow a three-step process to borrow an appropriate rule. 42 U.S.C. § 1988. 10 First, ... seemingly endless stream of unfounded, and often stale, lawsuits brought against them." Brief for Petitioners 30. This contention ...

  • 327 F.3d 938 (9th Cir. 2003), 99-36086, Staton v. Boeing Co.

    ... a consent decree in an employment discrimination class lawsuit. The action was brought in 1998 by a class of approximately ...On this ground as well, the district court abused its discretion in approving the settlement.          I. ...Class counsel are to "monitor" this process, with no provision for any dispute resolution mechanism should ...

  • 496 U.S. 384 (1990), 89-275, Cooter & Gell v. Hartmarx Corporation

    ... both Rule 41(a)(1) and Rule 11 are aimed at curbing abuses of the judicial system, their policies are completely compatible. ... policy goals of deterrence and streamlining the judicial process. The district court is best situated to determine whether a ... none of their appellate expenses had petitioner's lawsuit not been filed. This line of reasoning would lead to the ...

  • 768 F.3d 499 (6th Cir. 2014), 13-2437, Beydoun v. Wataniya Restaurants Holding

    ... Beydoun claims that many of the allegations in Wataniya's lawsuit were false. Additionally, Wataniya lodged a criminal complaint ... alleged thirteen counts, including false imprisonment, abuse of process, and malicious prosecution. The complaint alleged ...

  • 877 F.3d 276 (7th Cir. 2017), 16-1691, Kaufman v. American Express Travel Related Services Co. Inc.

    ... without issues, we conclude the district court did not abuse". its discretion in approving it. . .     \xC2"... when Kaufman filed a class-action lawsuit in the Superior. Court of Cook County, Illinois, against ... This is because merchants were ill-equipped to process ". split-tender" transactions, which occurred when a. ...

  • 458 U.S. 886 (1982), 81-202, National Association for the Advancement of Colored People

    ... that blacks could use all facilities, and an end to verbal abuse by law enforcement officers. It stated that. Negroes are not to ...         As noted, this lawsuit was filed in October, 1969. No significant events concerning the ... a common end is deeply embedded in the American political process. .         We recognized that, "by collective effort, ...

  • 370 U.S. 626 (1962), 422, Link v. Wabash Railroad Co.

    ... of this action for failure to prosecute amounted to an abuse of discretion. Pp. 633-636.         291 F.2d 542, ... the fundamental requirement of due process is an opportunity to be heard upon such notice and proceedings as ... of dismissal apparently purports to end petitioner's lawsuit and bar forever his right. . to recover compensation for his ...

  • 430 U.S. 651 (1977), 75-6527, Ingraham v. Wright

    ... afford significant safeguards against the kinds of abuses from which that Amendment protects convicted criminals. These ...Pp. 668-671.         2. The Due Process Clause of the Fourteenth Amendment does not require notice and ... for good faith error in the infliction of punishment, the lawsuit occurs after the punishment has been finally imposed. The ...