Abuse of Process

Abuse of Process is the name for a common law tort that provides many of the remedies of a Dragonetti type statute, but which can be applied with greater flexibility. Unlike relief through the Dragonetti Act (see Blog entry from October 8, 2009), a claim for Abuse of Process can be made, and prosecuted to conclusion, while the underlying litigation is still ongoing.

Abuse of process has been defined by Pennsylvania courts as "the use of legal process against another primarily to accomplish a purpose for which it is not designed." This use could come long after litigation has begun. So, even a plaintiff perfectly justified in initiating litigation that it ultimately wins may be called to task if, during the course of that litigation, the plaintiff employs the litigation process for a purpose the process was not intended, by law, to effect. Similarly, a defendant wrongfully dragged into court and ultimately vindicated may incur liability for abuse of process in the same way.

The improper use in an Abuse of Process case is typically a form of extortion or collateral pressure. Examples include:

          Over-broad discovery demands that put trade secrets at risk being used to make the other side   
          negotiate something away that would not normally be within the scope of the litigation.

          In a personal injury case, a petition by a defendant to appoint a guardian over an injured child to scare
          the parents into settling for less.

          Tactics principally designed to unnecessarily multiply the costs of litigation for the other side.

Like any tort, the party advancing an Abuse of Process Claim must be able to demonstrate harm from the action complained of. Depending on the offense, the damages, and therefore the thing recoverable, might be attorney fees and costs. Given the nature of an abuse of process claim, there can also be punitive damages and even damages for collateral harm such as emotional distress.

Knowing when and how to initiate a proper claim for abuse of process can change the dynamics, and ultimate costs, of litigation.

The information contained in this blog is not legal advice and should not be relied on as such. For legal advice or for answers to specific questions, please contact the blog's author.