· 6/28/1993
Rosen v. American Bank of Rolla
Citations
- 627 A.2d 190
- 426 Pa. Super. 376
- 1993 Pa. Super. LEXIS 2097
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- dismissing an abuse of process claim where complaint indicated that defendant subpoenaed a witness who clearly had information relevant to the lawsuit
- explaining that to establish an abuse of process claim under Pennsylvania law, a plaintiff must show that “the defendant (1) used a legal process against the plaintiff, (2) primarily to accomplish a purpose for which the process was not designed[,] and (3
- affirming dismissal of the wrongful use of process claim against a lawyer for subpoenaing a witness to “give testimony in aid of execution in a legitimate and proper underlying action”
- noting process includes noticing of deposition and issuing subpoenas, including those against third parties
- dismissing Dragonetti claim because “essence of the tort is the institution of a civil action[;]” and noting issuance of subpoena “did not constitute the commencement of a civil action . . . as contemplated by the statute.”
- dismissing Dragonetti claim because “essence of the tort is the institution of a civil action[;]” and noting issuance of subpoena “did not constitute the commencement of a civil action . . . as contemplated by the statute.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Cavanaugh, Wieand, Cirillo
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.