Sentences with phrase «tort of abuse of process»
Perell also denied Jacobson's request to strike Skurka's counterclaim, which seeks $ 1.8 million in damages for the tort of abuse of process.
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Reporter Samson Habte explains that the court's April 23 opinion highlights the difficulty of proving two types of tort claim — malicious prosecution and abuse of process — that disgruntled litigants could try to use to turn the tables on opposing parties and their lawyers.
Strathy C.J.O. provided some past examples of cases where conduct was held to be an abuse of process, such as initiating proceedings through a nominal plaintiff in order to oppress the defendant, or where the non-party has engaged in conduct that amounts to the tort of maintenance.
The abuses described in the article show how both the integrity of the mass tort litigation process, and the reputation of litigation financing generally, can be harmed by litigation solicitation and financing arrangements not being transparent, particularly where the litigation itself is largely solicitation - driven, as in most mass torts.
[1] The plaintiff, Mahmoud Elfarnawani, has commenced an action against the defendants, the International Olympic Committee (IOC) and its internal Ethics Commission (EC), claiming damages for the torts of defamation, breach of a duty of good faith, and abuse of process.