One Thousand Fleet Ltd. Partnership v. Guerriero

How courts have described this case

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

• explaining that “abuse of process is concerned with the improper use of criminal or civil process in a manner not contemplated by law after it has been issued”
• affirming dismissal of claims for malicious use of process and abuse of process where plaintiff “failed to plead facts establishing legally cognizable damages”
• collecting cases (albeit old cases) holding “that the malicious use of process plaintiff must have been an original party to the underlying action”
• explaining the difference between 25 In their Reply, the defendants argue that that Smith, who authored the police report, is the only defendant who “instituted” proceedings against McCullough and thus the only one who may be liable for malicious prosecution. (Reply at 15
• “Some definite act or threat not authorized by the process, or aimed at an objective not legitimate in the use of the process is required....”
• “The plaintiff [must] establish that an arrest of the person or a seizure of property of the plaintiff resulted from the abuse of process.”

Source: CourtListener parenthetical corpus (CC0).