abuse of process

[insearchofjustice123]

Jurisdiction

Pennsylvania

If a defendant in a civil case instituted multiple counterclaims after discovery had closed, and then waited until their response to Summary Judgment was over-due to dismiss the counterclaims, can I sue for abuse of process, and can they bring any of the counter claim issues up at trial?

 

[zddoodah]

can I sue for abuse of process

Anyone can sue anyone for anything. Whether you might have a viable claim depends on facts not included in your post. The elements of abuse of process under Pennsylvania law are discussed in this opinion.

can they bring any of the counter claim issues up at trial?

I'm not sure who "they" (plural) are, but the defendant (singular) presumably has this ability. Whether it would be proper for the defendant to do so obviously depends on the specifics of the case and the "issues" in question.

 

[adjusterjack]

If a defendant in a civil case instituted multiple counterclaims after discovery had closed, and then waited until their response to Summary Judgment was over-due to dismiss the counterclaims, can I sue for abuse of process, and can they bring any of the counter claim issues up at trial?

Anybody who can put together an incomprehensible question like that without any details, needs a lawyer.

 

[insearchofjustice123]

My

Anyone can sue anyone for anything. Whether you might have a viable claim depends on facts not included in your post. The elements of abuse of process under Pennsylvania law are discussed in this opinion.



I'm not sure who "they" (plural) are, but the defendant (singular) presumably has this ability. Whether it would be proper for the defendant to do so obviously depends on the specifics of the case and the "issues" in question.

Anybody who can put together an incomprehensible question like that without any details, needs a lawyer.

What part didn't you understand?

Anybody who can put together an incomprehensible question like that without any details, needs a lawyer.

 

[insearchofjustice123]

I'm not sure what part you didn't understand. I filed suit against someone. The defendant waited until Discovery closed and then filed multiple counterclaims, presumably to pry open discovery. With that accomplished, the defendant dropped the couter-suit just before summary judgment was to be decided. The defendant''s filing of false counterclaims extended the lawsuit and increased the costs. Can I sue, and conceivably win, for abuse of process? Since the defendant dropped theirclaims, can they bring them up at trial?

 

[adjusterjack]

You should have provided details before the question. Now it's easier to understand.

Who filed for summary judgment, you or the defendant?

What was the court's decision on the motion for summary judgment?

Can I sue, and conceivably win, for abuse of process?

Obviously, you can sue but nobody can hazard a guess whether you'll win or not. We don't have the defendant's side of the story.

Maybe you should be talking to your lawyer.

 

[zddoodah]

I filed suit against someone.

So, now you've shifted from writing in the third-person to first-person.

The defendant waited until Discovery closed and then filed multiple counterclaims

A counterclaim may only be filed at the time the defendant files his answer or, thereafter, with leave of court. Did the defendant obtain leave of court before doing this?

presumably to pry open discovery

Did the court order that discovery be re-opened?

Can I sue, and conceivably win, for abuse of process?

As I wrote previously, anyone can sue anyone for anything. I provided you with a link to a judicial opinion that discusses the elements of an abuse of process suit. Did you read it?

Since the defendant dropped theirclaims, can they bring them up at trial?

Once again: The defendant presumably has this ability. Whether it would be proper for the defendant to do so obviously depends on the specifics of the case. It also depends on what exactly you mean when you speak of the defendant "bringing up" the counterclaims.

 

[insearchofjustice123]

You should have provided details before the question. Now it's easier to understand.

Who filed for summary judgment, you or the defendant?

What was the court's decision on the motion for summary judgment?



Obviously, you can sue but nobody can hazard a guess whether you'll win or not. We don't have the defendant's side of the story.

Maybe you should be talking to your lawyer.

I filed for Summary Judgment and then the defendant dropped their claims. Can I sue for abuse of process? Their counterclaims extended my lawsuit, cost additional dollars, and diverted attention from my original underlying lawsuit

 

[insearchofjustice123]

Am I precluded from filing abuse of process claims pursuant to rules of civil procedure, since the defendant voluntarily dropped their own counterclaims?

 

[adjusterjack]

I filed for Summary Judgment and then the defendant dropped their claims.

You haven't answered the second question about the court's decision on the Motion for Summary Judgment. Please pay attention. It's annoying to have to pull teeth to get information.

Can I sue for abuse of process?

Yes, you can sue. We've already established that. However, according to the case decision provided by Zddoodah you have a choice of making a statutory claim of abuse of process (Dragonetti Act) or a common law claim of abuse of process.

The former requires that your lawsuit be over but the latter allows you to raise the issue within the current lawsuit.

You really should study that case decision.

 

[army judge]

Yes, you can sue. We've already established that. However, according to the case decision provided by Zddoodah you have a choice of making a statutory claim of abuse of process (Dragonetti Act) or a common law claim of abuse of process.

I am nearing my breaking point with each new hour of each day....

 

[insearchofjustice123]

I am afraid that you are the one that is not listening. I filed for summary judgment on the counterclaims, but the other party voluntarily dismissed their counterclaims BEFORE summary judgment was decided.

 

[adjusterjack]

I am afraid that you are the one that is not listening. I filed for summary judgment on the counterclaims, but the other party voluntarily dismissed their counterclaims BEFORE summary judgment was decided.

OK.

Now we're back to this.

You have a choice of making a statutory claim of abuse of process (Dragonetti Act) or a common law claim of abuse of process.

The former requires that your lawsuit be over but the latter allows you to raise the issue within the current lawsuit.

You really should study that case decision.

It has all the information you need.

It's up to you what you do next.

 

[insearchofjustice123]

I am afraid that you are the one that is not listening. I filed for summary judgment on the counterclaims, but the other party voluntarily dismissed their counterclaims BEFORE summary judgment was decided.

I am nearing my breaking point with each new hour of each day....

 

[insearchofjustice123]

I am afraid that you are the one that is not listening. I filed for summary judgment on the counterclaims, but the other party voluntarily dismissed their counterclaims BEFORE summary judgment was decided.

Then switch careers.

 

[army judge]

I am afraid that you are the one that is not listening. I filed for summary judgment on the counterclaims, but the other party voluntarily dismissed their counterclaims BEFORE summary judgment was decided.

You're right, I wasn't listening.
I read your comments and chose to remain mute.
My previous comment was not directed to you.

Now, I must mute myself, as I'm heavily sedated and drugged to control my schizophrenia and psychotic episodes because 95% of my brain is missing due to a cannonball striking me in the noggin many years ago.

 

[insearchofjustice123]

Then switch careers.

You're right, I wasn't listening.
I read your comments and chose to remain mute.
My previous comment was not directed to you.

Now, I must mute myself, as I'm heavily sedated and drugged to control my schizophrenia and psychotic episodes because 95% of my brain is missing due to a cannonball striking me in the noggin many years ago.

Why do you people pretend to help others and then make fun of them instead? If you hate your job so much, change it!

 

[zddoodah]

Am I precluded from filing abuse of process claims pursuant to rules of civil procedure, since the defendant voluntarily dropped their own counterclaims?

Once again: did you read the judicial opinion to which I provided a link?

 

[insearchofjustice123]

1. I filed a civil lawsuit

2. The other party filed counterclaims

3. I filed for summary judgment on the counterclaims, and then the other party dropped all their counterclaims

4.Can I file under Dragonetti BEFORE my original lawsuit is decided?

 

[army judge]

1. I filed a civil lawsuit

2. The other party filed counterclaims

3. I filed for summary judgment on the counterclaims, and then the other party dropped all their counterclaims

4.Can I file under Dragonetti BEFORE my original lawsuit is decided?

As suggested numerous times, hire an attorney.

Don't open a new thread, keep your discussion in this thread, thank you.

This is the ONLY admonishment you will receive.