Abuse of Process

News & Analysis as of

Be Alert Asia Pacific: Employment Law Newsletter: The Labour Tribunal Has Teeth and Can Bite the Claimant Too!

Following the changes made to the Labour Tribunal Ordinance in December 2014, the Labour Tribunal now has power to order either the employer or the employee to provide security for payment of an award. However, can the...more

The Court of Justice’s Preliminary Ruling in Huawei v. ZTE: The Final Word?

The application of competition law to standard essential patents (SEPs) has been the subject of significant debate. The latest instalment was provided by the Court of Justice on 16 July 2015 with its much-anticipated...more

The UK continues its objective stance on rescue procedures

The High Court has considered whether a winding-up petition is permitted where the Petitioner has a collateral purpose for bringing the petition. The collateral purpose, also referred to as an ulterior motive, would result in...more

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

PTAB to Consider Motion for “Abuse of Process” Sanctions Against Kyle Bass Hedge Fund IPR Petition

In a recent order, the Patent Trial and Appeals Board (PTAB) indicated that it will consider a motion for sanctions based on a claim of “abuse of process” in Inter Partes Review (IPR) proceedings filed by the Coalition for...more

High Court Rejects Appeal on Class Action Funding

Representative proceedings (or class actions) have recently come under increased scrutiny in both the policy and commercial contexts. The High Court recently rejected special leave to appeal from the Victorian Court of...more

Conflicting Decisions on Whether Parallel Class Actions Constitute An Abuse of Process

Two recent decisions of the Nova Scotia Court of Appeal and the Court of Queen’s Bench of Alberta have come to opposite conclusions regarding whether it is an abuse of process to file the same class proceeding in multiple...more

ICSID tribunals address allegations of investor misconduct

Assertions of investor misconduct, ranging from allegations of abusive restructuring to outright corruption in procuring an investment, are evolving into an important part of the catalog of state defenses in investment...more

Hong Kong court - enforcing a maritime arbitration award by arresting a ship

The arrest of a ship to obtain security for a maritime claim in jurisdictions where this is permitted is a powerful weapon in the armory of a claimant in shipping disputes. There has, however, been a concern that a claimant...more

Recent Developments in Cases Dealing with the False Claims Act’s First-to-File and Public Disclosure Bars

The False Claims Act, 31 U.S.C. §§ 3729-3733, enables whistleblowers—also known as qui tam relators— to file fraud suits on behalf of the United States against private government contractors. With the assistance of qui tam...more

Abbas v. Foreign Policy Group DC Circuit Panel

The DC Circuit has announced that the Abbas v. Foreign Policy Group appeal will be heard on October 20, 2014 before Circuit Judges Kavanaugh, Srinivasan, and Senior Circuit Judge Edwards. I thought I would take a quick look...more

The Squeaky Wheel Gets the Grease--You Won’t Get Fees if You Don’t Complain Early

Stragent, LLC v. Intel Corp. - Applying recent standards for determining whether a case is “exceptional” under Octane Fitness for purposes of awarding fees, the U.S. District Court for the Eastern District of Texas...more

States Have the Right to Protect Businesses Against NPEs

State of Vermont v. MPHJ Technology Investments, LLC; In re MPHJ Technology Investments, LLC - Addressing the issue of state efforts to reign in non-practicing entities, the U.S. Court of Appeals for the Federal...more

5 Reasons Consumers Should Sue Abusive Debt Collectors Under the FDCPA

Despite popular belief that Americans are a litigious bunch always looking for a good lawsuit, I haven’t experienced this in my law practice in Arizona. Particularly when it comes to Fair Debt Collection Practices Act...more

Cherry-Picking: 7th Cir. Criticizes Lawyers' Summary-Judgment Practice

Two weeks ago, in an order given wide publicity nationally, federal District Judge Mark Bennett of the Northern District of Iowa issued sanctions in Security National Bank v. Abbott Laboratories, addressing what Judge Bennett...more

Bankruptcy Beat: Bankruptcy Court Applies To Collateral Estoppel To State Court Judgement For Fraud and Vexatious Litigation In...

In her first published decision, rendered in Mexico Construction and Paving v. Thompson (In re Thompson), Case No. 11-32924, Adv. Pro. No. 12-03065 (Bankr. D. Conn May 22, 2014), Judge Julie A. Manning held on the basis of...more

Court Found Case Frivolous For Five-Year Period, But $5.3M Attorney's Fee Request Will Be Trimmed - Touchtunes Music Corp. v....

Case Number: 1:07-cv-11450-RWS (Dkt. 291) - Judge Sweet unsealed [link to tab 9] his decision of April 3, 2014 [link to tab 10] granting counterclaim defendant TouchTunes' motion for fees and expenses, but said that...more

Fourth Federal Court Judge Holds That DC Anti-SLAPP Statute Can Be Applied In Federal Court

Another DC federal court judge recently held that the DC anti-SLAPP statute applies in federal court, and applied it to dismiss a libel and related torts action. This decision, in Forras v. Rauf, means that four DC federal...more

The Limits Of SLUSA Preemption

In 1995, the Private Securities Litigation Reform Act (“PSLRA”) was passed to limit frivolous and unwarranted securities lawsuits. 15 U.S.C. §78u–4. While private securities litigation is an indispensable tool in which...more

U.S. House Committee Holds Hearing on Abusive Patent Demand Letters

On April 8, 2014, the U.S. House Committee on Energy & Commerce, Subcommittee on Commerce, Manufacturing, and Trade held a hearing “Trolling for a Solution: Ending Abusive Patent Demand Letters.” The purpose of the hearing...more

Fourth Circuit Affirms Sanctioning of EEOC for Unreasonable Lawsuit Brought Against Employer Six Years After Charge Filed

Employers involved in litigation under Title VII and related federal civil rights laws understand that a prevailing plaintiff is entitled to collect his or her attorneys’ fees. These employers may not be aware that in more...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014): “Patent Trolls” Beware –...

If the mainstream media is to be believed, the patent system is now “broken.” This notion is frequently blamed on the perceived increase in so-called patent assertion entities (“PAEs”), referred to derogatorily in the press...more

Insurance Company Tactics: Know Your Rights

In a landmark case from 2012, the Florida Supreme Court held that when suing insurers for bad faith, a policyholder must first sue the insurance company for violating the terms of the insurance agreement, and only after...more

An NPE Settles with New York, Sues FTC

Over the past year, both the legislative and executive branches of the federal government have expressed increasing support for legislation and other measures targeting patent litigation abuse by non-practicing entities...more

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