- Who speaks for the rule of law? Aug 28, 2010
However, what really baffles me is this: Where is the voice of Taiwans legal community in the face of such blatant abuse of process, to the extent of bringing on a constitutional crisis. What accounts for these peoples silence while the government proceeds to systematically trash the law. (Taipei Times, Taiwan -- Business)
Congo-Kinshasa: Landmark Trial in the Hands of Appeal Judges Aug 24, 2010
After more than four years in preventive custody and eighteen months of proceedings, on 15 July 2010 Trial Chamber I, with Judge Adrian Fulford presiding, stopped the case as an abuse of process of the Court and ordered the release of the Accused ... s actions as an "unequivocal refusal to implement [its] repeated orders." "In these overall circumstances, it is necessary to stay the proceedings as an abuse of process of the Court because of non-compliance with the Chamber?s order and because of... (allAfrica.com)
Extradition of ex-Bosnian leader denied Jul 28, 2010
Judge Timothy Workman said he believed the extradition proceedings are brought and are being used for political purposes, and as such amount to the abuse of process of this court. He freed Ganic immediately. (Boston Globe)
Peoria man gets $855K civil damages award Jul 20, 2010
A Maricopa County civil jury last Friday found two county Sheriff's detention officers liable for malicious prosecution, abuse of process and civil rights violations and awarded the money to Delano Yanes. On the night he was booked into the downtown Phoenix jail in September 2003, Yanes claimed he was beaten by the two detention officers. (KOLD.com, AZ)
Judge, in Rare Move, Allows Discovery in FTC Enforcement Action Jul 15, 2010
In citing the U.S. Supreme Court's 1964 decision in , Kay said it is an abuse of process to enforce a subpoena that was issued for an improper purpose, such as harassment or to put pressure on a party to settle a related matter. "The facts before us suggest that the FTC sought to place Watson between a rock and a hard place, where the only way Watson could clear its name and escape further FTC scrutiny was to give in to the pressure the FTC was placing on Watson to enter into the business deal... (Law.com)
Former student sues over expulsion from college Jul 12, 2010
He said the case was an abuse of process, replicating earlier proceedings in the Supreme Court and involving the same events. It created the potential for conflicting decisions to arise from an identical set of facts, he said. (Sydney Morning Herald -- Australia)
Documents found at court led to defamation case Jul 3, 2010
She said the current case should be struck out as an abuse of process. To do otherwise is to diminish the court's ability to fulfil its function as a court of law. (Sydney Morning Herald -- Australia)
Prosecutors ponder Saville action Jun 17, 2010
"Given the Good Friday agreement, even if a soldier were to be prosecuted as a result of this, they would not spend a day in jail. "That is not my opinion, that is a fact" Abuse of process Some legal experts, however, said wriggle room remains for prosecutions and, more likely, civil lawsuits against retired soldiers, particularly as some of the them were found to have lied to the Saville Inquiry. BBC legal affairs correspondent Clive Coleman said the decision whether or not to prosecute the... (BBC News -- UK)
Bloody Sunday charges 'unlikely' Jun 16, 2010
"There needed to be sufficient evidence to provide a reasonable prospect of conviction - not an easy test after 38 years. "If any defendant believes that the passage of time makes a fair trial impossible, they could argue the prosecution was an abuse of process," our correspondent said. "Any prosecutions would also need to be judged to be in the public interest. " Justified When Mr Pollard, the lawyer representing British soldiers, was asked whether the report paved the way for the soldiers... (BBC News -- UK)
Carbon Cops on Capitol Hill Jun 11, 2010
Phil Kerpen, Vice President for Policy at AFP, put a finer point on the Obama administration s abuse of process. They go through the legitimate policy process, they take something to Congress, Congress rejects it and they find some way to do it anyway through executive branch action, Kerpen said. (Human Events Online)
Taser, Stinger zap each other over patents Apr 3, 2010
Taser said it had also filed a complaint in February 2009 in the United States District Court for the District of Nevada against James F. McNulty, Jr., Robert Gruder, and Stinger Systems, Inc. alleging securities fraud, trade libel/defamation, unfair competition, abuse of process, and deceptive trade practices. Taser said that the defendants' motion to dismiss was denied by the court on March 25, on all claims except the claim of securities fraud. (EETimes)
Officer appeals 98mph speed case Mar 28, 2010
His barrister Simon Gurney claimed at Caernarfon Crown Court that it was an "abuse of process". He said North Wales Police had adopted a policy of not enforcing the speed limit because 50mph signs were unlit. (BBC News -- UK)
The Beginning of the End or of Rebirth? Mar 23, 2010
--Abuse of process: If this were a plan beneficial to Americans, Democrats wouldn't have had to resort to every unconstitutional and illegal legislative trick imaginable. --Choice: They said the bill wouldn't interfere with patients' choices over care and their physicians, that it would even -- don't laugh -- give people the same luxurious plans afforded to members of Congress. (Human Events Online)
Cohen Milstein and BuckleySandler Feud Over Homebuilder Case Mar 18, 2010
"You and your client are engaged in a disgraceful and intolerable abuse of process," it said. "You are misusing the federal court as a platform for waging a media campaign that diverts attention away from legitimate law enforcement investigations of Pulte's deceptive mortgage lending and marketing practices.". (Law.com)
Top Ten Healthcare Amendments Mar 9, 2010
This abuse of process has been called the , because it s a way to avoid a filibuster in the Senate. Reconciliation was created in the early 70s to allow Congress to balance the budget with a mere majority vote. (Human Events Online)
Beach high-rise plan hits snag over 'bulk and scale' Feb 6, 2010
To me, it's almost an abuse of process,'' Mr Pearce said. This is not of state significance, it's of local significance and my belief is the project should be dealt with locally. (Sydney Morning Herald -- Australia)
CBI probes against Deutsche officials Jan 22, 2010
When contacted, Deutsche Bank spokesperson said: The complaint against the bank is an abuse of process of law, and has absolutely no merits whatsoever. Guninder Gill was terminated as an employee of Deutsche Morgan Grenfell in Singapore 11 years ago in accordance with the terms of employment and applicable laws there. (India Times)
