Breach and Abuse of Process

To establish a claim for abuse of process, the plaintiff must typically prove the following elements:

Improper Use of Legal Process - The defendant must have initiated or used a legal proceeding for an improper or ulterior purpose that is different from the intended aim of the process (e.g., resolving a dispute or enforcing a right).

Ulterior Motive - There must be evidence that the defendant used the legal system with an ulterior motive, such as to harass, coerce, or achieve a personal goal unrelated to the legal claim itself.

Harm or Damages - The plaintiff must demonstrate that they suffered harm or incurred damages directly due to the defendant's misuse of the legal process, such as financial loss, reputational harm, or emotional distress.

Abuse of process claims often arise in litigation or legal actions where one party attempts to leverage the system unfairly to their advantage. Common scenarios include:

Filing of Frivolous Lawsuits - Filing lawsuits with no substantial basis solely to burden or intimidate the opposing party can be deemed an abuse of process, particularly when intended to drain the other party’s resources.

Misuse of Discovery Process - Using the discovery process excessively or with the aim of uncovering irrelevant or privileged information, rather than gathering legitimate evidence, can be seen as abusive.

Harassment Through Multiple Legal Actions - Filing multiple legal actions in different jurisdictions or venues to create inconvenience and pressure on the other party is often a clear example of abuse.

Using Legal Actions for Non-Legal Goals - Initiating legal action to force a settlement, gain leverage in a business dispute, or create bad publicity for an opponent is another example of abuse of process.

Breach and abuse of process claims involve unique challenges, as courts carefully consider whether a legitimate legal right has been misused. Key legal considerations include:

Identifying Improper Purpose - Proving that the legal action was taken with an ulterior purpose is essential. Courts examine motives and behavior, looking for evidence that the legal process was used to achieve non-legal objectives.

Distinction from Malicious Prosecution - Abuse of process is distinct from malicious prosecution, which involves bringing a case without probable cause. Abuse of process focuses on improper conduct within legal proceedings, regardless of the case's merits.

Burden of Proof - The plaintiff must provide clear and compelling evidence of the defendant’s ulterior motive, which can be challenging, especially if the improper purpose is not explicitly documented.

Potential Defenses - Defendants in abuse of process cases may argue that their actions were justified by legitimate legal claims or that they acted within their rights during the legal process, even if the outcome was unfavorable to the plaintiff.

Remedies for Abuse of Process - Remedies for proven abuse of process claims include dismissal of the abusive action, sanctions, or compensatory damages to cover financial and emotional harm incurred by the plaintiff.

Abuse of process claims help maintain the integrity of the judicial system and protect against improper conduct. At ME Law, we offer tailored solutions to assist clients in pursuing or defending against abuse of process claims. Contact us today to discuss your needs and ensure a fair, just outcome in your legal proceedings.