News & Analysis as of

Abuse of Process

Objectors Beware – Exposure To Claims Brought By Adversely Impacted Developers Is Alive And Well

by Cole Schotz on

Parties objecting to development projects have traditionally been immunized from liability for common law torts, such as malicious prosecution, abuse of process and tortious interference. This immunity, grounded in the...more

Class Action Stays in Saskatchewan—Should Defence Counsel Just Stay Away?

by Bennett Jones LLP on

In Spicer v Abbott Laboratories Ltd, 2017 SKQB 271 [Spicer], Justice Barrington-Foote declined to stay a class action even though parallel proceedings brought by the same counsel were dismissed in Québec, British Columbia and...more

The Court as a Collection Agency

by Bennett Jones LLP on

Security for judgment is an exceptional remedy only granted in exceptional circumstances. The court prefers to leave debt collection under the auspices of the Civil Enforcement Act. Nevertheless, exceptional circumstances do...more

AstraZeneca succeeds in omeprazole patent infringement profits case

by Smart & Biggar on

The Federal Court has issued its Public Judgment and Reasons concerning the financial compensation to be paid to AstraZeneca as a result of Apotex’s infringement of the omeprazole formulation patent (AstraZeneca’s LOSEC) in...more

Follow-on IPR Petitions are Unfair to Patent Owners and an Inefficient Use of the Process

In General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19, (September 6, 2017), and IPR2016-01358, IPR2016-01359, IPR2016-01360, and IPR2016-01361, an expanded panel of the PTAB denied...more

Subject Access Requests: "not an obligation to leave no stone unturned"

by White & Case LLP on

The English Court of Appeal has ruled in two recent cases that subject access requests are generally valid, and businesses must comply with such requests, even if they are made for collateral purposes, such as collecting...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

by Field Law on

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Abuse of process and prior arbitral awards

by Allen & Overy LLP on

The Court of Appeal has provided important guidance on the circumstances in which a court claim can be struck out as an abuse of process on the basis that it forms a collateral attack on a prior arbitral award between...more

Data subject access requests: proportionality and legal professional privilege

by Dentons on

By way of wider context, the parties in Holyoake v. (1) Candy and (2) CPC Group Limited [2017] EWHC 52 (QB), are currently engaged in a multi-million pound dispute relating to a loan agreement. Separate to these proceedings...more

Who Would Ever Have Thought That Sending A Preservation Letter Might Be Dangerous?

by Brooks Pierce on

There is probably nothing more routine in litigation today than a Plaintiff's counsel sending a "preservation letter." A preservation letter, if you've never sent or received one, is a letter sent at the outset of litigation...more

Judge Cote Finds Initiating Lawsuits to Obtain Settlements Rather Than a Determination on the Merits is Not an Abuse of Process

On July 28, 2016, District Judge Denise Cote (S.D.N.Y.) granted defendants AlphaCap Ventures, LLC’s, a non-practicing entity, and Richard Juarez’s (collectively, “AlphaCap”) motion to dismiss plaintiff Gust, Inc.’s (“Gust”)...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions - SC19232 - Izzarelli v. R.J. Reynolds Tobacco Co. - Plaintiff obtained a judgment against a tobacco company upon a claim that it put in additives and manipulated the nicotine...more

English court compels investigators to disclose information on data protection grounds

by White & Case LLP on

The High Court has ruled that a company conducting an investigation may be compelled to give effect to requests for information made under data protection legislation. The case serves as a stark reminder that data protection...more

Commissioner Pai Seeks Information on Potential Lifeline Abuse

by Davis Wright Tremaine LLP on

Commissioner Pai is seeking to identify other wireless ETCs that were allegedly engaged in practices similar to those detailed in the FCC’s recent Notice of Apparent Liability (NAL) issued against Total Call Mobile. In a...more

Modeling the Model Law – what not to do

by Reed Smith on

OGX Petroleo E Gas S.A., Re [2016] EWHC 25 (Ch) - In a recent judgment, Mr Justice Snowden sounded a cautionary note for applicants seeking recognition of a foreign insolvency proceeding under the UNCITRAL Model Law,...more

Enforcement Of Mortgage Charge: Valid Defence Was Too Late

by Allen & Overy LLP on

Failing to diligently assert a defence to enforcement of a charge over property may preclude a borrower from relying on that defence. The Court of Appeal in Dickinson & anr v UK Acorn Finance Ltd [2015] EWCA Civ 1194, 25...more

Consequences of reducing value of a claim to pay a reduced court fee – held an abuse of process

by Dentons on

In Lewis and others v Ward Hadaway (A Firm) [2015] EWHC 3503 (Ch) the High Court has reminded parties to litigation that where a claimant party is found to have deliberately sought to avoid paying the correct court fee...more

Arkansas Federal Court to Consider Sanctioning Attorneys for Using Federal Jurisdiction as “Bargaining Chip” in Negotiating...

by BakerHostetler on

In Adams et al. v. United Services Automobile Ass’n et al., W.D. Ark. No. 2:14-cv-02013, Chief District Judge P.K. Holmes III of the Western District of Arkansas will soon decide whether to sanction attorneys who negotiated a...more

Several hedge fund-linked IPR Petitions Instituted: PTAB Finds No Abuse of Process

by Foley & Lardner LLP on

Following a string of denials, the PTAB has recently instituted IPR against several pharmaceutical patents where the petitions were filed by entities linked to hedge funds. Prior to these recent institution decisions, there...more

Michael Hensley and John Lierman Obtain Summary Judgment in an Interference with Contract Case

Michael Hensley and John Lierman, attorneys with Jones, Skelton & Hochuli, recently obtained summary judgment on all claims in Mohave County Superior Court, for client Sunquest Solar, Inc., a solar contractor which had been...more

Bass’ Altruistic IPR Petitions

by Fish & Richardson on

At the beginning of 2015, Kyle Bass, founder of Dallas-based hedge fund Hayman Capital Management, announced plans to challenge 15 drug companies’ patents via Inter Partes Review. As of November 30th, 2015 Bass and his...more

PTAB Says: Abuse of Process and Improper Use Discovery is Moot in Denial of IPR Petition

by Reed Smith on

In a recent decision on yet another inter parties review petition brought by billionaire hedge-fund manager Kyle Bass through one of his Coalition for Affordable Drugs entities, the PTAB denied institution of an IPR against...more

Kyle Bass Group Gets PTAB To Review 2 Celgene Patents

by Fish & Richardson on

Yesterday the PTAB issued institution decisions in five Bass IPR petitions—denying institution of IPR2015-01086 against Biogen and instituting four IPR petitions against Celgene (IRP2015-01092, 01096, 01102, and 01103)....more

The Supreme Court to Review Enhanced Damages -- Octane Revisited, or Something Entirely Different?

On October 19, 2015, the Supreme Court granted certiorari in two related cases: Halo Electronics, Inc. v. Pulse Electronics, Inc. (Supreme Court docket number 14-1513) and Stryker Corp. v. Zimmer, Inc. (Supreme Court docket...more

101 Patient Organizations Ask Congress to Curb IPR Abuse

Last month, in a letter to the Senate and House Committees on the Judiciary, 101 patient organizations expressed "concern[] that, as currently written, H.R. 9 [the Innovation Act] falls short of preserving important patent...more

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