abuse of process lawsuit

19244 results for abuse of process lawsuit

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  • 478 U.S. 714 (1986), 85-1377, Bowsher v. Synar

    ... § 274(f) a "fallback" deficit reduction process (eliminating the Comptroller General's ...A virtually identical lawsuit was also filed by the National Treasury Employees ... long-term, structural protections against abuse of power were critical to preserving liberty. In ...

  • In re Gochin, 032018 FED3, 18-1376

    ... abuse-of-process lawsuit that Gochin filed in state ...

  • 271 F.3d 583 (4th Cir. 2001), 00-2523, Silvestri v. Gen. Motors Corp.

    ... "in anticipation of filing a lawsuit against General Motors." Carlsson and Godfrey ...'s inherent power to control the judicial process and litigation, but the power is limited to that necessary to redress conduct "which abuses the judicial process." Chambers v. Nasco, Inc., ...

  • 715 Fed.Appx. 220 (3rd Cir. 2018), 18-1376, In re Gochin

    ... abuse-of-process lawsuit that Gochin filed in state ...

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

    Wataniya, a Qatari corporation, operates restaurant franchises in the Middle East and North Africa. It has never operated any franchises in the U.S., nor does it have any offices, representatives, or employees in Michigan. Other defendants are natural persons, all citizens of Qatar. Beydoun,a U.S. citizen, was approached in Michigan by a Wataniya representative about becoming Wataniya’s CEO to “br

    ... many of the allegations in Wataniya's lawsuit were false. Additionally, Wataniya lodged a ... counts, including false imprisonment, abuse of process, and malicious prosecution. The ...

  • 601 F.3d 710 (7th Cir. 2010), 08-1342, In re Repository Technologies, Inc.

    ... of Nelson's only federal claim from the lawsuit. We conclude that Nelson's federal and state-law ... RTI's loan contract with Nelson, and (3) abused the bankruptcy process. Seizing on the federal ...

  • 487 U.S. 654 (1988), 87-1279, Morrison v. Olson

    ... and the United States together filed a lawsuit against the House. The conflict abated in March, ...Throughout most of the process of drafting the Constitution, the Convention ... exclusive power that can theoretically be abused. As we reiterate this very day, "[i]t is a truism ...

  • 786 F.3d 733 (9th Cir. 2015), 12-57302, Garcia v. Google, Inc.

    ... court held that the district court did not abuse its discretion in denying Garcia's motion for a ... be discounted and permeates the entire lawsuit. .          At first blush, irreparable ..., copyrightable works as part of the process. Our copyright law says that the copyright ...

  • __ U.S. __ (2017), 15-497, Fry v. Napoleon Cmty. Sch.

    The Individuals with Disabilities Education Act (IDEA) provides federal funds to states for furnishing a “free appropriate public education” (FAPE) to children with disabilities, 20 U.S.C. 1412(a)(1)(A), and establishes administrative procedures for resolving disputes concerning the provision of a FAPE. The Americans with Disabilities Act (ADA) and the Rehabilitation Act also protect the rights...

    ... hinges on whether a lawsuit seeks relief for the denial of a. FAPE. If ... [137 S.Ct. 748] resolution process before filing suit. And if the Frys. ... facility for inflicting such physical abuse--as could. an adult subject to similar ...

  • 536 U.S. 516 (2002), 01-518, BE&K Construction Co. v. National Labor Relations Bd.

    ... mill, and the mill owner filed a federal lawsuit against respondent unions, claiming that the ... through the use of the governmental process as an anticompetitive weapon. 508 U.S., at ... baseless and subjectively intended to abuse process. See Professional Real Estate Investors, ...

  • 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 ..., recited grievances, protested claimed abuses, and sought financial support on behalf of a ... in regard to a man's mental states and processes, are inevitable. . . . Whatever is added to the ...

  • 723 F.3d 1114 (10th Cir. 2013), 12-6294, Hobby Lobby Stores, Inc. v. Sebelius

    ... regulatory action, and possible private lawsuits. See, e.g., 26 U.S.C. §§ 4980D, 4980H; 29 ... the denial of a preliminary injunction for abuse of discretion. Little v. Jones, 607 F.3d 1245, ...The foundry processed sheet steel for a variety of industrial purposes. ...

  • __ U.S. __ (2017), 15-457, Microsoft Corp. v. Baker

    The owners of Microsoft’s videogame console, Xbox 360, filed a putative class action alleging a design defect. The district court struck class allegations from the complaint. The Ninth Circuit denied permission to appeal that order under FRCP 23(f), which authorizes permissive interlocutory appeal of class certification orders. Instead of pursuing their individual claims, plaintiffs stipulated to

    ... lawsuit for all practical purposes--did not warrant ... indiscriminately into the trial process, circumventing the. two-tiered " screening ..." [A] right. to appeal would lead to abuse" on the part of plaintiffs. and defendants ...

  • 796 F.2d 1165 (9th Cir. 1986), 84-5839, Matter of Yagman

    ... authority, that it is a violation of due process for counsel "to communicate with a jury in any ...The district court did not abuse its discretion in this instance. ...His filing of the lawsuit was violative of Rule 11, F.R.Civ.P. [sic] His ...

  • 302 F.3d 909 (9th Cir. 2002), 00-15166, Berkla v. Corel Corp.

    ...Berkla brought this lawsuit against Corel, alleging copyright infringement, ... to deny attorney's fees is reviewed for an abuse of discretion. Shaiv v. City of Sacramento, 250 ... deprived of pension benefits without due process of law. In April of 1990, defendant offered to ...

  • 101 F.3d 1479 (2nd Cir. 1996), 1504, O'Brien v. Alexander

    ... information that was later used in a lawsuit against him and Jeffrey Gelmin, the president of ... RICO provides for nationwide service of process. But, relying on N.Y. Bus. Corp. Law § 724(c), ... wrongs against him: malicious prosecution, abuse of process, deception in violation of N.Y. Jud. ...

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

    ... becomes detained pursuant to legal process. Pp. 387-397. (a) The statute of limitations in ... Prosecution, False Imprisonment, and Abuse of Legal Process §2, p. 57 (1892) (footnote ... sued by the filing of a §1983 lawsuit, rife with stays and delays, which otherwise, in ...

  • February 2017: Summaries of Published Opinions, 0417 COBJ, Vol. 46 No. 4 Pg. 109

    ... Verdict—Abuse of Process. . . ... use the lawsuit as a means to harass Xtomic and run it out of. ...

  • 137 S.Ct. 1178 (2017), 15-1406, Goodyear Tire & Rubber Co. v. Haeger

    The Haegers sued Goodyear, alleging that the failure of a Goodyear G159 tire caused their motorhome to swerve and flip over. After years of contentious discovery, marked by Goodyear’s slow response to repeated requests for internal G159 test results, the parties settled. Months later, the Haegers’ lawyer learned that, in another lawsuit involving the G159, Goodyear had disclosed test results...

    ... another lawsuit involving the G159, Goodyear had disclosed. ... conduct which abuses the judicial process." Chambers. v. NASCO, ...

  • 803 F.2d 987 (9th Cir. 1986), 85-6343, Clark v. City of Los Angeles

    ... claimed that defendants denied them due process of law by discriminatorily and selectively ... causal relationship between the lawsuit and the practical outcome realized is a pragmatic ...'s fees will not be disturbed absent an abuse of discretion. Harris v. McCarthy, 790 F.2d 753, ...

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

    ... 41(a)(1) and Rule 11 are aimed at curbing abuses of the judicial system, their policies are ... deterrence and streamlining the judicial process. The district court is best situated to determine ... their appellate expenses had petitioner's lawsuit not been filed. This line of reasoning would lead ...

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

    ... for failure to prosecute amounted to an abuse of discretion. Pp. 633-636.         291 ... the fundamental requirement of due process is an opportunity to be heard upon such notice ... apparently purports to end petitioner's lawsuit and bar forever his right. . to recover ...

  • 706 F.3d 227 (3rd Cir. 2013), 12-2075, Mulholland v. Government County of Berks, Pennsylvania

    ..., Kurtz filed a petition for protection from abuse against Mulholland in the Berks County Court of ... of their procedural and substantive due process rights. More specifically, the claims at trial ... for Kovarie, the Court concluded that a lawsuit against public officers in their official ...

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

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