Rodenburg Law Firm v. Sira

Citations

• 2019 ND 205
• 931 N.W.2d 687

Syllabus

The elements of an abuse-of-process claim are an ulterior purpose and a willful act in the use of process not proper in the regular conduct of the proceeding. To maintain an action for malicious prosecution requires a plaintiff to show the action was brought with malice. The absence of a viable substantive claim precludes a separate claim for punitive damages.