Fishman v. Brooks

How courts have described this case

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

• noting that while groundlessness of suit is not required for abuse of process, original plaintiffs knowledge that his claim was groundless is relevant as tending to show that the process was used for an ulterior purpose
• noting that while groundlessness of suit is not required for abuse of process, original plaintiffs knowledge that his claim was groundless is relevant as tending to show that the process was used for an ulterior purpose
• proving “groundlessness of an action is not an essential element for an action for abuse of process”
• “As with statutes and regulations ... if a plaintiff can demonstrate that a disciplinary rule was intended to protect one in his position, a violation of that rule may be some evidence of the attorney’s negligence”
• expert testimony usually required for attorney negligence
• jury evaluate consequences of attorney negligence objectively

Source: CourtListener parenthetical corpus (CC0).