abuse of process lawsuit
19269 results for abuse of process lawsuit
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482 U.S. 522 (1987), 85-1695, Societe Nationale Industrielle Aerospatiale v. United States
...It is true that the process of obtaining evidence in a civil law jurisdiction ... particularly closely to prevent discovery abuses. For example, the additional cost of ..." in the eyes of the State where the lawsuit is pending, and must also be "tolerable" in the ...
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40 F.3d 1492 (7th Cir. 1994), 93-3359, Wright v. Illinois Dept. of Children & Family Services
... a five-year old boy, CS, had been sexually abused by his father, JS. At that time, the child's ... the children's father, JS, would file a lawsuit. Refusing to acquiesce to the Department's ...Thus, in the usual case the process by which we sort, weigh, and draw a conclusion ...
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297 F.3d 1198 (11th Cir. 2002), 01-13057, U.S. v. Pendergraft
... out of their threat to seek damages in a lawsuit against Marion County, Florida, and to use false ... of a motion to dismiss the indictment for abuse of discretion, see United States v. Pielago, ... for malicious prosecution and abuse of process, and in some cases recovery of attorney's fees, ...
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615 F.3d 159 (3rd Cir. 2010), 09-3189, Great Western Mining & Mineral Co. v. Fox Rothschild LLP
... of procedural and substantive due process. As defendants, Great Western named Fox ... 14, 2009 admission under oath in another lawsuit that some of the judges who had ruled against ... Federal Rule of Civil Procedure 15(a) for abuse of discretion. Bjorgung v. Whitetail Resort, ...
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545 F.3d 304 (5th Cir. 2008), 07-40058, In re Volkswagen of America, Inc.
... that the district court did not clearly abuse its discretion in denying Volkswagen's transfer ... as a substitute for the regular appeals process" ; (2) “ the petitioner must satisfy the burden ..., since it is often unclear how the lawsuit will develop or what issues will be key. But the ...
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672 F.3d 402 (6th Cir. 2012), 10-5003, Gooch v. Life Investors Ins. Co. of America
... Gooch (" Gooch" ) filed a class-action lawsuit against Life Investors Insurance Company and its ... the district court's decision was a clear abuse of discretion.’ " Beattie v. CenturyTel, ... of the Fourteenth Amendment's Due Process Clause." Kremer, 456 U.S. at 481, 102 S.Ct. ...
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354 F.3d 857 (9th Cir. 2003), 02-56272, Mattel, Inc. v. Greiner and Hausser GmbH
... asserted claims to that effect in a lawsuit filed in federal district court in Los Angeles in ... the constitutional requirement of due process." Ziegler v. Indian River County, 64 F.3d 470, ... be reversed only if the district court abused its discretion or based its decision on an ...
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529 F.3d 183 (3rd Cir. 2008), 06-4662, Windt v. Qwest Communications Intern., Inc.
..., we must decide whether the District Court abused its discretion in assigning the Trustees' choice ... of KPNQwest's bankruptcy and brought this lawsuit on behalf of KPNQwest's bankruptcy estate. In ... of proof; availability of compulsory process for attendance of unwilling, and the cost of ...
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761 F.3d 574 (6th Cir. 2014), 13-3357/4340, Killion v. KeHE Distributors, LLC
..., we hold that the district court did not abuse its discretion. . I. ... marked), .25% for rotating stock and processing credits, .15% for checking in delivered products, ...lawsuit on February 27, 2012 in the Northern District of ...
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489 F.3d 26 (1st Cir. 2007), 06-2020, Rossi v. Gemma
... that proceeding, the Rossis raised a due process argument that the Rhode Island Mechanics'. . ... asking the federal court to dismiss the lawsuit, or in the alternative to abstain from exercising ... court's dismissal for something akin to abuse of discretion. See Wilton v. Seven Falls Co., ...
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289 F.3d 929 (6th Cir. 2002), 00-1368, Tropf v. Fidelity Nat. Title Ins. Co.
... had violated their constitutional due process and equal protection rights under 42 U.S.C. § ... and their attorney from "filing any civil lawsuit in a United States District Court alleging or ... to Federal Rule of Civil Procedure 11 for abuse of discretion. 28 U.S.C. § 1927; Union Planters ...
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276 F.3d 1131 (9th Cir. 2002), 00-16447, Doi v. Halekulani Corp.
...lawsuit, which Claire Doi filed against her employer, the ...'s enforcement of a settlement agreement for abuse of discretion. See Callie v. Near, 829 F.2d 888, ...1997). At some point in the process, one party concludes that a final agreement has ...
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789 F.3d 218 (2nd Cir. 2015), 13-981, Turkmen v. Hasty
..., inter alia , the substantive due process and equal protection claims challenging the ... detainees to frequent physical and verbal abuse. The abuse included slamming the 9/11 detainees ... the rule of law--to which both sides in a lawsuit have a right--that requires a court to consider ...
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677 F.3d 258 (5th Cir. 2012), 10-60106, Love v. Tyson Foods, Inc.
...Love's lawsuit against Tyson Foods, Inc. It held that Love was ... " protect the integrity of the judicial process." New Hampshire v. Maine, 532 U.S. 742, ... a judicial estoppel determination for abuse of discretion." Id. at 599-600; see also ...
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481 F.2d 1204 (8th Cir. 1973), 72-1318, General Dynamics Corp. v. Selb Mfg. Co.
...The lawsuit arose initially out of a contract between Selb ... therefore, unless that discretion has been abused. Wright & Miller, Federal Practice and Procedure: ... relief can be granted; deprivation of due process of law in refusing to transfer the cause to ...
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493 F.3d 1151 (10th Cir. 2007), 05-8106, Eastman v. Union Pacific R.Co.
... perjury, failed to disclose his pending lawsuit as a potential asset of the estate. By signing ... to protect the integrity of the judicial process... Id. at 18. This appeal followed.2. ... his personal injury claims only for an abuse of discretion. See New Hampshire, 532 U.S. at ...
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454 U.S. 235 (1981), 8048, Piper Aircraft Co. v. Reyno
..., holding that the District Court had abused its discretion in conducting the Gilbert ... secretary to the attorney who filed this lawsuit. Several days after her appointment, Reyno ...Respondent then properly served process on Hartzell. B. ...
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412 U.S. 1 (1973), 72-630, Hall v. Cole
... . abuse its discretion in awarding counsel fees to ... at least "minimum standards of democratic process. . . ." 9 Thus, Title I 10 of the LMRDA -- the ...Indeed, to the extent that such lawsuits contribute to the preservation of union ...
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312 F.3d 833 (7th Cir. 2002), 01-3270, International Medical Group, Inc. v. American Arbitration Ass'n, Inc.
...They alleged abuse of process, malicious prosecution and bad-faith ...-AAA Defendants") removed the state court lawsuit to the federal district court. Sirius moved to ...
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664 F.3d 907 (Fed. Cir. 2012), 2010-1285, MarcTec, LLC v. Johnson & Johnson
...§ 285, and did not abuse its discretion in awarding expert witness fees ... that happens in the Cypher coating process) would increase the temperature of the ... MarcTec filed a frivolous and baseless lawsuit and acted in bad faith by continuing to pursue ...
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433 U.S. 425 (1977), 75-1605, Nixon v. Administrator of General Services
... in the course of their screening process, the claims of Presidential privilege must yield ..., at the earliest reasonable date, of the abuses of governmental power popularly identified under ...Nixon's lawsuit, which has been delayed for three years, -- . ...
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487 F.3d 684 (9th Cir. 2007), 04-56880, Adams v. California Dept. of Health Services
... arrests; and travel to food storage, processing facilities, and farms. Adams was offered the ...1386, 8 L.Ed.2d 734 (1962). We review for abuse of discretion the district court's dismissal with ... not give h[er] the right to file a second lawsuit based on the same facts." 296 F.3d 982, 989 (10th ...
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395 U.S. 486 (1969), 138, Powell v. McCormack
... had misappropriated public funds and abused the process of the New York courts. Powell and ... affirmative action than he would be by a lawsuit questioning the employee's failure to act. Nor is ...
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291 F.3d 1282 (11th Cir. 2002), 01-13865, Burnes v. Pemco Aeroplex, Inc.
... forms, Billups was not participating in a lawsuit and indicated that on his forms. Then, on January ...'s application of judicial estoppel for abuse of discretion. Talavera v. School Bd. of Palm ... to prevent the perversion of the judicial process." 18 James Wm. Moore et al., Moore's Federal ...
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307 F.3d 1277 (11th Cir. 2002), 01-11373, Riccard v. Prudential Ins. Co.
... that has included the filing of four lawsuits; the filing of complaints alleging misconduct by ... filing of the suit was determined to be an abuse of process. See Riccard v. Prudential Ins. ...