Lawsuit alleges pay, slots bills connected May 23, 2008
And the House Republican Leader, Sam Smith, criticized the lawsuits speculation and abuse of process. . (Carlisle Sentinel, PA)
Former Judge Strikes Out in Abuse of Process Suit Against Firm May 13, 2008
Bumb rejected the theory of Naythons' case, ruling that an arbitrator has no standing to pursue an abuse of process claim against litigants for seeking the arbitrator's disqualification -- even if the motion included false charges -- because the arbitrator is not a party to the litigation ... "In this court's view, were plaintiff allowed to proceed in his claim for abuse of process, the effect would be a circumvention of the doctrine of judicial privilege and, ultimately, a chilling of zealous... (Law.com)
Officers escape charges over Finucane murder May 9, 2008
"In addition, the prosecution had to take account of potential abuse of process arguments by the defence that any trial at this stage would be unfair.". Mr Finucane's widow, Geraldine, said she could not comment until she had read the PPS report, but Sinn Fein representatives have been quick to express their outrage. (Yahoo News -- Northern Ireland Conflict)
More of this story May 9, 2008
The lawsuit accuses the defendants of violating Hatchett's Fourth, Fifth, Sixth and 14th Amendment Constitutional rights, the state constitution and common law, including gross negligence, malicious prosecution, false arrest and imprisonment, abuse of process and intentional infliction of emotional distress. In addition to the governmental units, individuals named in the lawsuit are former county prosecutor Carl Marlinga, former assistant Macomb prosecutor Kaiser, Sterling Heights police... (Cheboygan Daily Tribune, MI)
ACLU legal director's claim targets county May 8, 2008
It accuses county officials of abuse of process and/or malicious prosecution, negligence and gross negligence, libel, false light invasion of privacy, and intentional infliction of emotional distress, and other violations of constitutional rights. The claim stems from Pochoda's Nov. 3 arrest on suspicion of trespassing in the parking lot of M.D. Pruitt's Furniture store as immigration protesters and counterprotesters were demonstrating in front of the store and sheriff's deputies were working... (AZCentral)
Bush's veto threat provokes skirmish on housing bill May 8, 2008
The majority leader, Representative Steny Hoyer of Maryland, gave a floor speech early in the evening accusing the Republicans of an "abuse of process.". In response, the Republican leader, Representative John Boehner of Ohio, accused the Democrats of cutting Republicans out of the legislative process. (International Herald Tribune)
Malaysia: Catholic newspaper contests ban on 'Allah' May 5, 2008
"The court agreed that the church's application is not frivolous nor vexatious nor an abuse of process. It deserves to be heard," said Derek Fernandez, a lawyer for the newspaper. The court will set a trial date later, Fernandez told reporters. (USA Today -- News)
Football coach called into court May 2, 2008
This Court should not be a party to this abuse of process. (). (Marblehead Reporter, MA)
Panic in Needle Park Apr 22, 2008
It s about the talismanic patchwork of repetitive reviews amounting to what then-Justice Lewis F. Powell called a now familiar abuse of process. It s about preventing the law from taking its course by any available means. (Human Events Online)
Silent no more; former mayor demands jury trial Apr 16, 2008
His charges include conversion, slander, malicious abuse of process, tortuous interference with business relationships, unjust enrichment and false imprisonment. Family Lifeline sued Jackson in Sandoval County s 13th Judicial District Court in January claiming he used at least 25,000 of the federal grant money he secured for the nonprofit for personal purposes, claiming that Jackson s actions were deliberate, wanton, wrongful and malicious and violated federal grant rules and employment terms. (Rio Rancho Observer, NM)
Undue force suit filed Mar 21, 2008
A civil complaint against the former city of Helena concerning allegations of battery, false arrest, excessive force, unlawful seizure and detention, false imprisonment, malicious prosecution, abuse of process, and defamation by former officer Rodney Davis and current officer Mikel Hall. The plaintiffs, Cheryl and Barney Lee say that on December 31, 2006, their mother was involved in an accident on Highway 49 and was injured. (Helena Daily World, AR)
Chase Bank Accuses Florida Law Firms of Running Debt-Relief Scam Mar 6, 2008
The six-count complaint seeks injunctive relief and punitive damages to prevent the defendants from operating a debt reduction "scheme." The complaint claims "tortuous interference with contractual relations" between Chase and its customers, abuse of process, conspiracy and violations of Delaware trade practices and fraud laws. Chase is asking the court to declare that "billing error disputes asserted by Chase's card members who are represented or assisted by defendants are sham" claims. (Law.com)
'New Times' executives intend to sue Maricopa County over arrest Feb 21, 2008
Malicious prosecution, abuse of process and intentional interference with business expectancy under state law. Racketeering under federal law, based on a pattern of past behavior on the part of the Sheriff's Office. (AZCentral -- News)
Police face lawsuit in Jaliek Rainwalker probe Feb 16, 2008
The notice says that abuse of process constituted the ``intentional infliction of emotional distress,'' Stanclift said. A specific amount of damages sought will not arise until the actual lawsuit is filed. (Albany Times Union)
September 11 suspect wins right to sue Britain Feb 15, 2008
But on Thursday the Court of Appeal in London ordered the Government to reconsider the compensation claim, saying the way extradition proceedings and refusals of bail had been conducted were "an abuse of process". The Ministry of Justice said it was considering whether to appeal against the ruling. (Sydney Morning Herald -- World)
Judge rules against N.H. GOP as voter list dispute continues Feb 11, 2008
But lawyers for the Democratic Party argued that doing so would reveal the party's "trade secrets" and that the request "borders on abuse of process.". Last week, Conboy sided with Democrats, ruling that Republicans would not be given the material they sought. (Seacoast New Hampshire)
Crown will appeal ruling on drug cops Feb 9, 2008
"I think that's an outrageous abuse of process on the part of this Attorney General," Kormos said. Previous story: Next story. (Toronto Sun)
'Royal' claimant can fight ruling Feb 8, 2008
Family Division President Sir Mark Potter struck out his claim in July last year that he had the right to examine the wills as vexatious and an abuse of process. He said Mr Brown had no interest which had been adversely affected by the order of the former President, Dame Elizabeth Butler-Sloss, to have the wills sealed in 2002, a decision to which the Attorney General was party. (Guardian Unlimited -- UK)
Competition decision means faster mergers Jan 30, 2008
"The [Competition] Commissioner suggests that the only limitation on obtaining of an interim order in such a case would be the Competition Tribunal's residual discretion to refuse an order if the Commissioner has acted in a patently unreasonable manner or is not acting in good faith, or if the application for an interim order is an abuse of process," the court wrote. "We do not agree that Parliament intended the role of the Competition Tribunal to be so limited.". (Financial Post)
Watching theMartin Watch Jan 19, 2008
FCC Republicans and Democrats, irate about the abuse of process and data manipulation, forced him to back down. Ordered FCC staff to stop publishing per-channel cable rate trends, because the data contradicted his oft-stated claim that cable rates doubled from 1995 to 2005. (Multichannel News)
Recourse for spouses who dont convert Dec 29, 2007
Justice Abdul Aziz was of the view that such acts amounted to an abuse of process as the dissolution of their civil marriage were matters not within the syariah courts jurisdiction. Justice Nik Hashim ruled the opposite. (The Star Online, Malaysia -- News)
Federal Court dismisses Subashini's case Dec 27, 2007
"It is not an abuse of process, if he, being a Muslim, seeks remedies in the Syariah High Court as it is his right to do so," he said. Justice Nik Hashim, who sat together with Federal Court judges Justices Abdul Aziz Mohamad and Azmel Maamor, said this. (The Star Online, Malaysia -- News)
Blair never considered position after Menezes' death Dec 22, 2007
The Menezes family's solicitor, Harriet Wistrich, added: "If new evidence emerges at the inquest it may be harder to bring disciplinary decisions in the future as officers could argue abuse of process.". Scotland Yard welcomed the decision as a "move forward", adding that the officers involved had faced "much uncertainty". (Guardian Unlimited -- UK)
De Menezes case police are cleared Dec 21, 2007
The Menezes family solicitor, Harriet Wistrich, said: "We fear that if new evidence emerges at the inquest, it may be harder to bring disciplinary decisions in the future as officers could argue abuse of process.". The victim's family are already taking their case against the decision not to prosecute individuals to the European court of human rights. (Guardian Unlimited -- UK)
Lonza Withdraws Majority of Claims in Patent Lawsuit Against Northwest Biotherapeutics Dec 20, 2007
When Lonza still chose not to withdraw its complaint, NWBT filed an answer and counterclaims as soon as the 120-day period expired, denying all infringement claims by Lonza, and seeking recovery for violation of the Delaware Deceptive Trade Practices Act, unfair competition, tortious interference with prospective contractual relations, and abuse of process, including, among other things, treble damages and punitive damages. Following NWBT's filing of this answer and counterclaim, Lonza agreed... (PR Newswire)
Politics interfering with justice at Gitmo, colonel says Dec 13, 2007
"Prosecuting Omar in order to advance someone's political agenda and to assist with election campaigns constitutes an egregious abuse of process, justifying a dismissal of the case," said Nathan Whitling, a Canadian lawyer for Mr. Khadr. Recommend this article. (Globe and Mail -- International)
Three mining firms in legal tussle in WA Nov 29, 2007
Murchison has vowed to defend vigorously the action and says it intends to investigate whether it can take action against Chameleon for damages for abuse of process. 2007 Brought to you by. (Sydney Morning Herald -- Business)
Judge tosses Concordia killer Fabrikant's 'malicious' case Nov 27, 2007
"His behaviour constitutes an abuse of process to which the court must put a definitive end," Morneau said. Montreal Gazette 2007. (Canada.com)
Gilham facing trial over parents' murder Nov 26, 2007
Among other claims, Gilham's lawyers said the prosecution constituted an abuse of process and contravened the principles of "finality of litigation". "There is a substantial public interest in permitting alleged crimes of such seriousness to be determined on their merits," Chief Justice Spigelman said. (The Age)
Hamburg mayor sues Fremont County sheriff Nov 26, 2007
Mayor Terry Holliman filed the lawsuit accusing Sheriff Steve MacDonald of malicious prosecution, abuse of process, libel, slander and negligent infliction of emotional distress. Former Hamburg Police Chief Nick Milsap claimed that Holliman ordered him to shoot the dogs but later said it was a sheriff's office dispatcher who gave the order. (Muscatine Journal, IO)
McAliskey extradition bid refused Nov 24, 2007
Ms McAliskey's lawyers had argued that to extradite her would "be an abuse of process as the previous application failed". They said it would be unjust and oppressive to grant extradition in the case of a "fragile woman with this appalling history of post traumatic stress disorder". (BBC News -- Europe)
More time for One.Tel liquidator Nov 15, 2007
Mr Weston's barrister, Stephen Robb, QC, said there was no reason to believe his client would engage in any abuse of process "and if he did he would suffer consequences and [PBL] would get redress". Justice Barrett ruled yesterday that PBL could not become involved until Mr Weston served his claims on the defendants. (Sydney Morning Herald -- Business)
3 from Orlando Weekly's staff charged with aiding prostitution Oct 21, 2007
Statement by Orlando Weekly's publisher Orlando Weekly believes these arrests are an outrageous abuse of process and an attempt to censor the First Amendment rights of a newspaper that has reported critically on the Metropolitan Bureau of Investigation ... Publisher Rick Schreiber called the arrests "an outrageous abuse of process and an attempt to censor the First Amendment rights of a newspaper that has reported critically on the Metropolitan Bureau of Investigation.". (Orlando Sentinel)
Orlando Weekly trio charged with aiding prostitution Oct 20, 2007
Statement by Orlando Weekly's publisher Orlando Weekly believes these arrests are an outrageous abuse of process and an attempt to censor the First Amendment rights of a newspaper that has reported critically on the Metropolitan Bureau of Investigation. We are in the process of reviewing the charges and retaining counsel. (Orlando Sentinel)
Jersey man wins royal wills appeal Oct 18, 2007
In July, Sir Mark Potter, President of the High Court Family Division, struck out his claim as vexatious and an abuse of process, saying it was made solely for the purpose of seeking to establish an imaginary and baseless claim. Related Links. (Times Online)
Blow for Zimbabwe farmers Oct 13, 2007
"I am persuaded to agree with the state [prosecutor] that it's a delaying tactic and that there is no seriousness but a mere attempt to buy time through abuse of process. I dismiss the application.". The farmers could face up to two years in jail if found guilty, say reports. (BBC News -- Africa)
Telstra loses battle for Optus documents Oct 11, 2007
But, he added, Telstra's application certainly could be characterised as "an abuse of process". In a later statement, Telstra said more than 250,000 rural Australians who cannot get ADSL now "may never know why the government secretly changed a grant process to prevent the expansion of broadband to new areas". (Sydney Morning Herald)
Rwandan finds injustice in ‘land of hope' Oct 9, 2007
Following an arduous 18-month legal battle that revealed gross misrepresentations by the investigators, all allegations against Mr. Ndihokubwayo were dropped, and the Federal Court ruled last month that there had been an abuse of process in the government's handling of his case ... The court ultimately decided that there was an abuse of process in the government's handling of the matter. (Globe and Mail)
The ABC of IOU - Part Two Sep 26, 2007
Misuse of a Demand/Petition may result in an application to restrain you from proceeding or dismissal of your Petition; moreover youre likely to penalised by the court ordering costs against you for abuse of process (costs which youll have to pay even if it later proves that the debt was due. Remember this trick if you receive a Demand on a claim which you have any grounds to argue isnt due. (Accounting Web, UK)
Fraud-Case Duo Free Abroad Sep 17, 2007
A Canadian judge quickly released him, finding there had been abuse of process. The U.S. Attorney's office is appealing the extradition ruling. (New York Post -- Gossip)
HC dismisses complaint seeking action against PM, Sonia Sep 17, 2007
"The petitioner has failed to prove locus in the case. It is devoid of any merit. The petition is nothing but an abuse of process of law and it has to be discouraged," Justice Gupta said, while imposing a cost. The court was passing the order on advocate Ravinder Kumar's petition challenging a trial court's order, which refused to entertain the complaint filed against the Prime Minister along with some top political leaders of the country. (India Times, India -- Community News)
CUPE, the City, and whistles Sep 7, 2007
The defendants also claimed that Ferreira's allegations were "an abuse of process, unnecessary, scandalous, frivolous or vexatious". Justice Ryan wrote that Ferreira had alleged in his statement of claim that he was "harassed to the point of personal injury and that the City did nothing about it". (Georgia Straight)
Whistleblower attempted suicide Aug 28, 2007
The retired neurosurgeon is asking the ACT Supreme Court to intervene in disciplinary proceedings against him, claiming it is an abuse of process. Dr Newcombe is trying to close down a long-running inquiry by the ACT Medical Board into his treatment of four former patients, including one who is suing him for negligence. (Canberra Times, Australia)
Officer who arrested country singer sues over dismissal Aug 16, 2007
Cromer accuses his investigators, Major Michael Bosse and Lieutenant Ron Compton, of false imprisonment, abuse of process and extortion. He is also suing the Urban County Government and Police Chief Anthany Beatty for alleged negligent supervision. (WKRC.com, OH)
Shocked Mulroney ordered to pay Schreiber $470K Jul 27, 2007
TORONTO -- An Ontario court has ordered Brian Mulroney to pay $470,000 to arms dealer Karlheinz Schreiber, a decision a spokesman for the former prime minister Thursday called a "ridiculous" abuse of process ... "This is ridiculous, this is an abuse of process that is unheard of.". (National Post)
Canada's Ex-Prime Minister Mulroney Ordered to Pay $446,068 to Arms Broker Jul 27, 2007
This is an incredible abuse of process,'' the spokesman Luc Lavoie said in a telephone interview today. Anka didn't respond to a request for comment left after business hours. (Bloomberg -- Canada)
Hedley Thomas on Haneef Jul 16, 2007
IS it a flagrant abuse of process and of the criminal justice system by the Howard Government as it reaches into its bag of political tricks to whip up fears of terrorism in a desperate bid to turn around its political stocks before the Federal Election. Or is it an entirely reasonable, sensible and measured response that can be perfectly justified in law and in the court of public opinion. (The Australian)
Coroner refers Campbell death to DPP Jul 7, 2007
Earlier yesterday Mr Campbell's lawyer, Matthew Johnston, criticised the way his brother, Neil Campbell, was questioned as being at "risk of abuse of process", saying it could "bring the inquest into disrepute". Ms Milledge dismissed the claim. (Sydney Morning Herald -- Australia)
Judge: Princess was not your mom Jul 6, 2007
Judge Mark Potter said Thursday the claim by Robert Brown, 52, was an abuse of process and made "solely for the purpose of seeking to establish an imaginary and baseless claim.". Brown had sought to have the wills of Margaret and her mother, Queen Mother Elizabeth, unsealed. (CNN -- International)
Princess Margaret's 'son' loses court bid Jul 6, 2007
But Judge Sir Mark Potter declared: "The plaintiff's claim should be struck out as vexatious and an abuse of process, made as it is solely for the purpose of seeking to establish an imaginary and baseless claim". Justice Potter, who is the family division president, refused Mr Brown permission to appeal, although he can still apply directly to the Court of Appeal. (ABC Online)
Jersey accountant loses 'Royal' descent bid Jul 6, 2007
The judge, Sir Mark Potter, said the bid was an abuse of process. Sir Mark Brown 'does not assert that any person or source, informed or otherwise, has ever told or even suggested to him that he is the illegitimate son of Princess Margaret. (Financial Director)
CSIS, RCMP tracing leak of terrorism allegations against Charkaoui Jul 5, 2007
A judge ruled that the force's actions amounted to an abuse of process. Editors at La Presse did not return calls seeking comments. (Globe and Mail -- National)
Officers escape charges over Finucane murder Jun 29, 2007
"In addition, the prosecution had to take account of potential abuse of process arguments by the defence that any trial at this stage would be unfair.". Mr Finucane's widow, Geraldine, said she could not comment until she had read the PPS report, but Sinn Fein representatives have been quick to express their outrage. (Yahoo News -- Northern Ireland Conflict)
Appeals court upholds dismissal of sexual harassment case Jun 26, 2007
Walker filed a counterclaim alleging Reis' lawsuit was an abuse of process. He claimed that she had filed the lawsuit with the intent of coercing a settlement from Care Initiatives. (Muscatine Journal, IO)
No officers to be charged over Finucane murder Jun 25, 2007
Today, the PPS assistant director Pamela Atchison said: "Some of the difficulties [in bringing charges] included an absence of particular records, potential witnesses who had since died and the inability in certain instances to identify the role and responsibilities that individuals played in specific events. "In addition, the prosecution had to take account of potential abuse of process arguments by the defence that any trial at this stage would be unfair. " Special reportsTimelines26.09.2005:... (Guardian Unlimited -- UK)
Osu Mantse determined by Supreme Court Jun 20, 2007
Accordingly, the suit will be and is hereby struck out as frivolous, vexatious and an abuse of process. " Source:GNA Comments: Related Articles: All Rights Reserved, 1994-2007, ? Copyright GhanaHomePage. (Ghana Web, Ghana)
Judge orders Whittaker to honor 2006 settlement Jun 1, 2007
Although Whittaker filed a counterclaim accusing Lilly of defamation, it should have alleged abuse of process, Dunlap said. Kaufman denied the request to amend Whittakers response to Lillys lawsuit and counterclaim against her, and granted the plaintiffs motion for summary judgment. (Charleston Gazette, WV -- News)
Lloyds wins second charges case May 30, 2007
is considering striking out the defence as an abuse of process ... The order of Judge Thomas says that if it fails to do this, "the court... is considering striking out the defence as an abuse of process on the basis that the defendant has settled all previous claims of this nature.". (BBC News -- UK)
Banks branded 'vexatious defendants' May 30, 2007
People trying to reclaim overdraft charges from their banks have started using a new legal tactic - asking a judge to strike out a bank's defence as an "abuse of process" ... "I put in a draft order, asking him to say that the Abbey was abusing the system and to throw out the case as an abuse of process," she said. (BBC News)
Spykes is no longer buzzing May 28, 2007
John Engler, president of the National Association of Manufacturers, blamed Baroody's withdrawal on an "unprincipled smear campaign" and a "senatorial abuse of process.". But Lewis Eidson, head of the American Association for Justice, an organization of trial lawyers, said that "as a top lobbyist for corporate manufacturers, Michael Baroody was singularly unfit for the important job of chairman of the Consumer Product Safety Commission.". (San Francisco Chronicle)
Dog owner blames her demise on local leader May 24, 2007
Luper wants at least $300,000 for punitive damages, intentional interference with her employment and for what her lawyer is calling "abuse of process and malicious prosecution.". "I believe that 99.9 percent of the troubles I've had in the last few years stem from the mayor," Luper said. (Anchorage Daily News)
Bush product-safety nominee withdraws May 24, 2007
Watching this abuse of process, apparently without consequence for the wrongdoers, makes me wonder why any qualified citizen would submit to run todays Senate gauntlet, Engler said in a statement. A $150,000 payment Englers group would have given Baroody when he left for government was arranged with the groups senior managers in an agreement in January 2006, long before Baroody was considered for the federal job. (MSNBC -- Business)
Candidate to Lead Consumer Agency Withdraws May 24, 2007
Watching this abuse of process,; Mr. Engler said, ;apparently without consequence for the wrongdoers, makes me wonder why any qualified citizen would submit to run today;s Senate gauntlet. . (The Ledger)
Cleric Abu Hamza 'plotted Jihad' May 18, 2007
Mr Jones added: "This means the extradition request constitutes an abuse of process of the court and shouldn't be received.". The House of Lords paved the way for the case after refusing Abu Hamza leave to appeal against his convictions. (BBC News -- UK)
Lawsuit vs. Arpaio dismissed May 17, 2007
Patrick Haab, who made international headlines after he was arrested in 2005 for using a handgun to detain the immigrants at an Interstate 8 rest stop, originally sued the Maricopa County Sheriff's Office for false imprisonment, emotional distress and abuse of process. But a Superior Court judge says Haab abandoned those claims and instead improperly went after the sheriff for negligently training deputies and for releasing his military records to The Arizona Republic. (AZCentral)
