Our judicial system is a powerful tool and the ability to use it to remedy wrongdoings is integral. The use of this system for competitive gain in business is not uncommon, and some of the largest corporations have forced rivals to the bargaining table with litigation. If another entity has attempted to litigate its way into control of your market, you may be able to sue for abuse of process.
At Hone Law, we approach complex, high-stakes business litigation with a fresh perspective, using internal collaboration models and systemized knowledge sharing to take commercial cases to trial and win. If your company was detrimentally impacted by an abuse of process claim, we are here to advocate for your rights. For more insight into our approach, contact our team at (702) 608-3720 today.
What Is Abuse of Process?
It is not uncommon for the civil legal process to be intentionally misused to gain an unjust advantage or achieve an ulterior motive. If an individual or business brings a civil claim that is frivolous with no basis in fact or law, they may be held accountable for abuse of process. Abuse of process occurs when an individual or business uses the legal system to intimidate or otherwise harm another person or company rather than seeking legitimate legal remedy.
Abuse of process is an intentional tort. A tort is an act or omission that causes harm to others, giving rise to the right to file a legal claim. In Nevada, this claim involves two necessary elements:
- An ulterior purpose for bringing a legal claim other than resolving a dispute; and
- The willful improper use of the legal system compared with the typical conduct of the proceeding
Abuse of process does not refer to situations in which the plaintiff has a weak case. The basis of this claim is the deliberate misuse of the legal system for a purpose other than resolving a legal dispute. For instance, using a subpoena to obtain information other than what was stated in the subpoena would be considered abuse of process.
Examples of Abuse of Process
Abuse of process may be present in any portion of the legal process, not simply the entire lawsuit as a whole. Some common examples of this include:
- Suing to harass or intimidate another individual or company
- Improper use of the discovery process, including excessive requesting of documents or boilerplate objections
- Continuing to pursue a claim even after it has no legal basis
- Threatening to take legal action to pressure an entity into performing an action they would not otherwise perform
- Using the legal system to secure a settlement or advantage that would not otherwise be available
Assume your company is in a dispute with another organization over the terms of a contract. The organization decides to sue your business to harass and intimidate you into yielding to their claims. In this situation, the organization’s lawsuit is frivolous, and it may be possible to bring a claim for abuse of process for damages.
Abuse of Process Vs. Malicious Prosecution
While the two claims share similar elements, abuse of process and malicious prosecution claims have notable differences. The former refers to the use of the legal system to achieve a goal other than its original intent, while the latter refers to wrongfully filing charges against an individual or company with the sole intent of causing harm.
Under NRS 199.310, you commit the crime of malicious prosecution when you try to cause an innocent person to be arrested or prosecuted for a crime that they did not commit. In essence, the difference between the two claims can be reduced to the intent to harass or intimidate (abuse of process) versus the intent to cause harm (malicious prosecution).
How Can My Company Sue for Abuse of Process?
If you believe that your company was the victim of abuse of process at the hands of another entity, it is possible to take legal action to recover damages. As the plaintiff in the case, your company will bear the burden of proving that abuse of process occurred. To prove this claim, a plaintiff must typically show the following elements:
- The defendant willfully used a judicially sanctioned process against your company.
- There was an ulterior motive or purpose for exercising the willful misuse of the process.
- Your company has suffered damages in the form of economic losses, damage to reputation, emotional distress, or some other type of damages.
At Hone Law, we take a value-based approach to abuse of process claims, meaning our experienced attorneys assess each action based on the associated costs and benefits while seeking to reduce liability along the way. Based on your unique objectives, we will then chart a path forward to pursue appropriate remedies for your case.
How Will My Attorney Prove that the Defendant Had an Ulterior Motive or Purpose?
To successfully prove your claim, your attorney will identify and secure objective evidence to show that the defendant had an ulterior motive or purpose for using the legal process against your company. This evidence may include:
- History of false accusations
- Evidence that legal action was taken immediately after an event that would give the defendant motive, such as the termination of a key contract
- Records of threatening statements from the defendant
- Inconsistencies in the defendant’s claims or actions
- Proof that the defendant was coerced into filing the legal action or misusing the judicial system
How Can Hone Law Help My Company Sue for Abuse of Process?
The law is perhaps the most subtle corporate strategy tool. Abuse of process cases are particularly complex and navigating the legal nuances of these issues can be challenging, even for businesses that are familiar with litigation. At Hone Law, our team of commercial litigation attorneys has dealt extensively with such issues and will leverage our decades of experience to help you better navigate the process of filing – and winning – your lawsuit. To learn more, contact us at (702) 608-3720.