Abuse of Process definition

Abuse of Process means the complaint process is not being fairly or honestly used, or where multiple or successive complaints are made to cause vexation or oppression.
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Abuse of Process means the act of bringing and following through with a civil or
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Abuse of Process means the misuse of the legal process for an ulterior purpose, improper purpose, or a purpose different than the proceeding’s intended purpose.
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Examples of Abuse of Process in a sentence

  • In response, plaintiff states that she had “clearly plead Declaratory Judgment, Wrongful Foreclosure, Abuse of Process and Negligent Misrepresentation, all valid causes of action against Defendants in her Amended Complaint filed March 5, 2015.” Plaintiff then attached a copy of the Amended Complaint to her suggestions in opposition.

  • To state a claim for Abuse of Process, a complaint must allege (1) a willful act by the defendant, (2) done with bad intent or ulterior motive, (3) after valid process has been issued at defendant’s behest, (4) whereby the defendant attempts to use the process to accomplish a purpose for which it was not intended.

  • Accordingly, Count XV will be dismissed.3. Abuse of Process (Count XVI) In Count XVI, Plaintiff asserts a claim of abuse of process against Sergeant Hall, Chief Livingstone, and Clerk-Magistrate Smith.

  • The Amended Complaint States a Common Law Abuse of Process Claim Against the University Defendants.The Nineteenth Cause of Action states an actionable claim for Common Law Abuse of Process.

  • Clausen (1967) 248 Cal.App.2d 770, 785 [leave to amend complaint does not constitute leave to amend to add new defendant].) Therefore, the Court does agree that adding Defendant Tija Buckelew as a defendant to the Eighth Cause of Action for Abuse of Process was erroneous.

  • Abuse of Process To state an abuse of process claim under Maryland law,7 a plaintiff must allege that: (1) the defendants “willfully used process after it has issued in a manner not contemplated by law”; (2) the defendants acted with an “ulterior motive”; and (3) damages as a result of the defendants’ improper use of process.

  • Malicious Abuse of Process The second count appears to allege only the malicious abuse of process, not a claim of malicious use of process or malicious prosecution.

Related to Abuse of Process

  • Use of Proceeds Charges" "Conflicts of Interest" "Redemptions; Net Asset Value" "The Trust and the Trustee" "Federal Income Tax Aspects" In connection with making the representations and warranties set forth in this paragraph, the Additional Selling Agent shall not rely on inquiries made by or on behalf of any other parties. The Additional Selling Agents shall inform all prospective purchasers of Units of all pertinent facts relating to the liquidity and marketability of the Units as set forth in the Prospectus. The Additional Selling Agent shall offer and sell Units in compliance with the requirements set forth in the Registration Statement (particularly the "Subscription Requirements" attached as Exhibit B thereto), this Agreement and the Blue Sky Survey delivered to the Lead Selling Agent by the Managing Owner's counsel, a copy of which has been provided to each Additional Selling Agent. An Additional Selling Agent shall represent and warrant that it shall comply fully at all times with all applicable federal and state securities and commodities laws (including without limitation the 1933 Act, the Securities Exchange Act of 1934, as amended (the "1934 Act"), the Commodity Exchange Act, as amended (the "CEA"), and the securities and Blue Sky laws of the jurisdictions in which the Additional Selling Agent solicits subscriptions, all applicable rules and regulations under such laws, and all applicable requirements, rules, policy statements and interpretations of the NASD, and the securities and commodities exchanges and other governmental and self-regulatory authorities and organizations having jurisdiction over it or the offering of Units). The Additional Selling Agent shall under no circumstances engage in any activities hereunder in any jurisdiction (i) in which the Managing Owner has not informed the Additional Selling Agent that counsel's advice has been received that the Units are qualified for sale or are exempt under the applicable securities or Blue Sky laws thereof or (ii) in which the Additional Selling Agent may not lawfully engage. Each Additional Selling Agent shall further agree to comply with the requirement under applicable federal and state securities laws to deliver to each offeree a Prospectus and any amendments or supplements thereto (including summary financial information, if available, after the Trust has commenced operations). Neither the Additional Selling Agent nor any of its employees, agents or representatives will use or distribute any marketing material or information other than that prepared by the Trust and the Managing Owner.

  • Process or “Processing” means any operation or set of operations which is performed upon the Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.

  • Legal Process means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, or other valid legal authority, legal procedure, or similar process.

  • Shelf Procedures means the rules and procedures established pursuant to NI 44-102;

  • Scope of practice means: defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.

  • Detailed manufacturing or process data means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process.

  • Venue means the premises as delineated and shown edged red in Annex A.