abuse of process lawsuit
19269 results for abuse of process lawsuit
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492 U.S. 257 (1989), 88-556, Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.
... was the potential for governmental abuse of "prosecutorial" power, not concern with the ... damages award was excessive under the Due Process Clause of the Fourteenth Amendment, this Court ...In a diversity action, or in any other lawsuit where state law provides the [109 S.Ct. 2922] ...
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508 F.2d 152 (3rd Cir. 1975), 74-1815, Rodgers v. United States Steel Corp.
... potential class members in the instant lawsuit" with respect to the Alabama consent decree. \xC2"... be regarded as more than a step in the process of the court's ultimate determination that the ... lawful power, 15 or to correct a clear abuse of discretion. 16 Applying these standards for ...
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481 U.S. 1 (1987), 85-1798, Pennzoil v. Texaco, Inc.
... on grounds that challenge the very process by which those judgments were obtained. So long ... over the subject matter of this lawsuit, and upon that ground alone I would reverse the ... . matter what abuses the federal plaintiff might be sustaining. See ...
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518 U.S. 415 (1996), 95-719, Gasperini v. Center for Humanities, Inc.
... of the trial court's ruling confined to "abuse of discretion." Pp. 422-439. . ... Appeals necessarily engaged in a two-step process. As it has explained the application of § ... "[i]n a diversity action, or in any other lawsuit where state law provides the basis of decision, ...
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503 U.S. 638 (1992), 91-571, Taylor v. Freeland & Kronz
... exempt more than a small portion of the lawsuit proceeds, let alone the full amount, Taylor ... The court may issue any order, process, or judgment that is necessary or appropriate to ... court orders or rules, or to prevent an abuse of process. . § 105(a) ...
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559 U.S. 542 (2010), 08-970, Perdue v. Kenny A.
... panel held that the District Court had not abused its discretion by failing to make a larger ... could not do: They initiated this lawsuit. They thereby assumed the role of "a 'private ... order to delay and hinder the discovery process.'" 454 F.Supp. 2d. 1260, 1268 (N.D.Ga. 2006) ...
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665 F.3d 38 (1st Cir. 2012), 11-1373, Abdel-Aleem v. OPK Biotech LLC
... defendant in a Massachusetts state court lawsuit prosecuted by OPK Biotech LLC. Alleging etts state law claims of abuse of process and intentional and negligent ...
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731 F.2d 909 (D.C. Cir. 1984), 83-1280, Laker Airways Ltd. v. Sabena, Belgian World Airlines
... a. Defects in the Balancing Process ...... 948. b. Promotion of ...") now contend on appeal that the court abused its discretion. Their arguments are essentially ... 72 Enjoining participation in a foreign lawsuit in order to preempt a potential judgment is a ...
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Malcmacher v. Jesse, 091219 FED6, 18-3698
... improperly during the course of a prior lawsuit that Jesse. initiated against Malcmacher ... amounted to malicious prosecution and abuse of process. Jesse. fired back with ...
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559 U.S. 506 (2010), 08-810, Conkright v. Frommert
... Court's decision on the merits was not an abuse of discretion. Held: . ... complexity, adding time and expense to a process that may already be too costly for many [seeking] ... were later rehired by Xerox, brought this lawsuit. Ante, at 1645, 176 L.Ed.2d, at 474; Brief for ...
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523 U.S. 44 (1998), 96-1569, Bogan v. Scott-Harris
... and energy required to defend against a lawsuit are. . of particular concern ... Moreover, certain deterrents to legislative abuse may be greater at the local level than at other ... check on legislative abuse, the electoral process, cf. Tenney, supra, at 378. Indeed, any argument ...
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709 F.3d 307 (4th Cir. 2013), 11-2363, Pashby v. Delia
... fulfill the Fourteenth Amendment's due process requirements. The district ..., and Sandy Splawn after they filed this lawsuit. Appellee Robert Jones voluntarily dismissed his ... to grant preliminary injunctions under an abuse of discretion standard. Aggarao v. MOL Ship ...
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447 U.S. 752 (1980), 79-701, Roadway Express, Inc. v. Piper
... costs and attorney's fees for the entire lawsuit. The court found justification for its ruling in ... unrelated to its goal of controlling abuses of judicial processes. The fee provisions of the ...
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558 F.3d 119 (2nd Cir. 2009), 07-0612, Espinal v. Goord
... Correctional Services (" DOCS" ), filed a lawsuit, under 42 U.S.C. § 1983, in the United States ... ‘ complete the administrative review process in accordance with the applicable procedural ... the denial of a motion for a new trial for abuse of discretion. Kosmynka v. Polaris Industries, ...
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646 F.3d 1001 (7th Cir. 2011), 10-3301, Cardenas v. City of Chicago
... not properly serve Officer Gallegos with process, however, and he moved to dismiss the complaint ... the district court's judgment only for abuse of that discretion. Coleman v. Milwaukee Bd. of ... the defendant had actual notice of the lawsuit, and (5) whether the defendant was eventually ...
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679 F.3d 657 (8th Cir. 2012), 09-3764, E.E.O.C. v. CRST Van Expedited, Inc.
... that the EEOC initiate the proposal process. On August 17, 2007, Wolle and ... F. The Instant Lawsuit . On September 27, 2007, the ...'s contention, the district court did not abuse its discretion in opting to dismiss, rather than ...
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304 F.3d 476 (5th Cir. 2002), 01-60582, Gulf Guar. Life Ins. Co. v. Connecticut General Life Ins. Co.
... General's conduct in the arbitration process. The district court consolidated the 1996 and ... 23, 2000, Gulf Guaranty filed a second lawsuit in Mississippi state court that alleged breach of ... court's refusal to re-open discovery for abuse of discretion. See Martin's Herend Imports v. ...
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405 F.3d 45 (1st Cir. 2005), 04-1274, Gonzalez Rucci v. U.S. I.N.S.
... asserts claims for malicious prosecution, abuse of process, negligence, intentional infliction of ... to have had a bad motive; bringing a lawsuit was not an abuse of process; it was too ...
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151 F.3d 217 (5th Cir. 1998), 96-30851, Crowe v. Smith
... We hold that the district court abused its discretion by imposing serious criminal ... on CNA and Tone via a manifestly civil process. The sanctions against those defendants are ... Company have been notified of plaintiff's lawsuit. Dollar objects to the request on grounds of ...
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637 F.3d 939 (9th Cir. 2011), 09-35767, McCollough v. Johnson, Rodenburg & Lauinger, LLC
... state torts of malicious prosecution and abuse of process. We have jurisdiction pursuant to 28 ... July 2008, JRL filed 2,700 collection lawsuits in Montana. On an average day, JRL filed five ...
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477 U.S. 561 (1986), 85-224, City of Riverside v. Rivera
... prevail on every contention raised in the lawsuit. The record here establishes that the District ... factors announced in Hensley, and did not abuse its discretion in awarding attorney's fees for ... with effective access to the judicial process. A rule of proportionality would make it ...
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15 F.3d 443 (5th Cir. 1994), 90-8431, Doe v. Taylor Independent School Dist.
... violations of her substantive due process right to bodily integrity. The district court ... Amendment and that physical sexual abuse by a school employee violates that right. Second, ...1983 civil rights lawsuit against Stroud, the school district, . . ...
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144 F.3d 719 (11th Cir. 1998), 97-2868, Rivera v. Allin
... "refused to provide [him] with due process of law" in two prior cases, Rivera v. Singletary, ... three of Rivera's prior prison-generated lawsuits that judges of the Middle District had dismissed ... F.3d at 234 (Congress sought to curtail "abuse" of the federal judicial system by inmates[.]\"). \xC2"...
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487 U.S. 412 (1988), 86-1781, Schweiker v. Chilicky
..., had violated respondents' due process rights by adopting illegal policies that led to ... since withdrawn from the case) filed this lawsuit in the United States District Court for the ... reinstatement was a remedy for the alleged abuse, not just a restoration of something to which he ...
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790 F.3d 411 (2nd Cir. 2015), 13-3325, Cortlandt Street Recovery Corp. v. Hellas Telecommunications
Plaintiff, a New York corporation, filed suit attempting to collect money owed to it under defaulted Sub Notes issued by a now-dissolved entity, Hellas. On appeal, plaintiff argued that the district court erred in granting defendantsʹ motion to dismiss its complaint for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). Plaintiff also argued that the district court erred in
... we conclude that the district court did not abuse its discretion in declining to allow ... Cortlandt argues that this process--termed a " bleed-out" --rendered both the Hellas ... Cortlandt also filed several other lawsuits in state and federal court seeking to collect on ...