Clausen v. Carstens

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• sufficiently alleged cause of action for abuse of process against wife’s attorneys where husband alleged they procured receiver over his businesses for ulterior purposes
• “The tort involves the use of the process as a club by which to extort something unrelated to the process from the other party.” (emphasis added)
• “An attorney is not liable for malicious prosecution unless the attorney acts both without probable cause to believe the client’s claim will succeed and for an improper purpose.”
• complaint adequately stated claim for “malicious prosecution” against the defendant lawyer, who had allegedly improperly obtained a receivership order and restraining order ex parte', the plaintiff “sufficiently pled that defendants acted maliciously and without probable cause”

Source: CourtListener parenthetical corpus (CC0).