Ulterior Motive

36 Florida cases classified under this topic · sorted by citation count · browse and sort

• Gen. Elec. Co. v. Nat'l Labor Relations Bd.
  412 F.2d 512· 2d Cir.· 1969-06-09 ·cited 46×
  An employer may refuse to bargain with a union committee that includes members of other unions during preliminary, voluntary discussions, but cannot refuse to bargain with such a committee during mandatory bargaining periods absent a showing of bad faith or ulterior motive.
• Coastal States Mktg., Inc. v. Hunt
  694 F.2d 1358· 5th Cir.· 1983-01-14 ·cited 43×
  The court held that the defendants' pursuit of companies dealing in nationalized Libyan oil was shielded from antitrust scrutiny by petitioning immunity, as their conduct was undertaken to obtain judicial relief and was not a sham.
• United States v. Francisco
  575 F.2d 815· 10th Cir.· 1978-05-09 ·cited 30×
  The court held that a bill of particulars does not become part of the indictment and does not alter the essential elements of proof required for a conviction.
• Yellow BUS Lines, Inc. v. Drivers
  883 F.2d 132· D.C. Cir.· 1989-08-22 ·cited 25×
• Yellow BUS Lines, Inc. v. Drivers
  839 F.2d 782· D.C. Cir.· 1988-02-12 ·cited 22×
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• R.J.R. Servs., Inc. v. AETNA Cas. & Sur. Co.
  895 F.2d 279· 7th Cir.· 1989-02-16 ·cited 14×
  The court held that the plaintiffs failed to state claims for malicious prosecution and abuse of process under Michigan law, as they did not sufficiently plead the required elements of "special injury" and an "independent act."
• Wolfe v. Foreman
  128 So. 3d 67· Fla. 3d DCA· 2013-07-17 ·cited 12×
  The court held that Florida's litigation privilege—which provides absolute immunity for acts taken in the course of and related to judicial proceedings—applies to both abuse of process and malicious prosecution claims. The privilege protected Miami lawyers who filed a complaint o
• Barton v. Cir. Court OF the Nineteenth Jud. Cir.
  659 So. 2d 1262· Fla. 4th DCA· 1995-08-30 ·cited 12×
  An indigent prisoner's petition to change his name was denied by the trial court following a telephonic hearing, but the court provided no findings of fact and no transcript existed. The appellate court affirmed the denial on the alternative ground that the petition was not prope
• Simone v. Golden Nugget Hotel & Casino
  844 F.2d 1031· 3d Cir.· 1988-04-20 ·cited 12×
  The court affirmed the district court's grant of judgment notwithstanding the verdict on the abuse of process claim and its order for a new trial on the false imprisonment claim, finding sufficient evidence supported the jury's verdict for the defendant on the latter after the se
• Beacon Prop. Mgmt., Inc. v. PNR, Inc.
  785 So. 2d 564· Fla. 4th DCA· 2001-04-04 ·cited 11×
  PNR, a restaurant tenant, sued the landlord and related parties for breach of maintenance obligations, fraud, and various tort claims following the collapse of a building wall that forced closure of the restaurant. The Fourth District Court of Appeal reversed the jury verdict, ho
• Bradley v. Reuben W. Peaden
  347 So. 2d 455· Fla. 1st DCA· 1977-06-29 ·cited 11×
  The court held that the trial court erred in directing a verdict for the defendant at the close of the plaintiff's case in chief in an abuse of process action.
• Westmac, Inc. v. Lon Smith
  797 F.2d 313· 6th Cir.· 1986-07-30 ·cited 10×
  The dissent argues that the sham exception to the Noerr-Pennington doctrine should be defined by the elements of the tort of abuse of process, not by the existence of a 'colorable claim'.
• Carroll Kenworth Truck Sales, Inc. v. Kenworth Truck Co.
  781 F.2d 1520· 11th Cir.· 1986-02-10 ·cited 10×
  The court held that there was insufficient evidence to support a jury verdict of bad faith under the federal Automobile Dealers Day in Court Act, but sufficient evidence under the Alabama Motor Vehicle Franchise Act.
• CCP Harbour Island, LLC v. Manor at Harbour Island, LLC
  373 So. 3d 18· Fla. 2d DCA· 2023-10-11 ·cited 5×
  The appellate court reviewed a trial court's decision to allow a plaintiff (Manor) to amend its complaint to seek punitive damages against the defendants (CCP and others) for abuse of process and malicious prosecution claims. The court affirmed in part and reversed in part, findi
• Verdon v. Dandan Song
  251 So. 3d 256· Fla. 5th DCA· 2018-06-29 ·cited 5×
  Eugene Verdon appeals the dismissal of his complaint alleging abuse of process and malicious prosecution against his wife, Dandan Song, who allegedly manufactured false domestic violence charges against him and attempted extortion. The Florida District Court of Appeal, Fifth Dist
• Raytheon Co. v. Rheem Mfg. Co.
  322 F.2d 173· 9th Cir.· 1963-08-27 ·cited 4×
  The court held that an offer made by a parent company to its subsidiary, which was intended to frustrate the subsidiary's contract with a third party, was not a 'bona fide' offer under the contract's first refusal clause. The court also vacated the trial court's ruling on the app
• George v. Leonard
  169 F.2d 177· 4th Cir.· 1948-08-05 ·cited 4×
  Malicious abuse of process constitutes a valid cause of action under South Carolina law, and the evidence presented was sufficient to allow the case to go to the jury.
• Ketlyne Alexis v. Lilliam Ventura
  66 So. 3d 986· Fla. 3d DCA· 2011-06-29 ·cited 2×
  A co-employee can be considered a third party for tortious interference with an advantageous business relationship claim if they act solely with ulterior purposes detrimental to the employer's interests.
• Stanislaw R. Burzynski, M.D. v. AETNA Life Ins. Co.
  967 F.2d 1063· 5th Cir.· 1992-08-11 ·cited 2×
  The court held that the Texas discovery privilege does not shield a mass mailing to numerous insurance companies with only hypothetical litigation interests, especially when it appears to be for ulterior, malicious motives beyond discovery. The court reversed the dismissal of cla
• In re Fed. Support Co. v. Fed. Support Co.
  859 F.2d 17· 4th Cir.· 1988-10-12 ·cited 2×
  Votes against a reorganization plan are not disqualified for bad faith solely because the creditor is a defendant in an antitrust suit that constitutes the debtor's only asset, as long as the vote aligns with the creditor's self-interest and lacks an ulterior or coercive purpose.
• Blue Goose Growers, Inc. v. Yuma Groves, Inc.
  641 F.2d 695· 9th Cir.· 1981-03-09 ·cited 2×
  The court held that threatening to file a lawsuit, initiating litigation, or making a discovery request, even with bad intentions, does not constitute abuse of process under Arizona law if the process is used for its authorized purpose.
• DE Benedictis v. Diamond Califano
  181 So. 2d 742· Fla. 1st DCA· 1966-01-18 ·cited 2×
  The appellants were arrested based on a false affidavit sworn by the appellee alleging grand larceny. After charges were dismissed, they sued for malicious prosecution. The trial court dismissed the complaint without allowing amendment, but the appellate court reversed, holding t
• Burnett v. Davidoff
  S.D. Fla.· 2025-07-28
  The court held that the litigation privilege bars an abuse of process claim based on discovery requests made during a prior judicial proceeding, as such actions are considered to have 'some relation' to the litigation.
• Rwanda Soc. Sec. Bd. v. L.E.A.F. Pharms., LLC
  Del. Ch.· 2023-11-17
  The court recommends dismissal of the defendants' counterclaims for abuse of process and tortious interference with prospective contractual relations. The abuse of process claim fails because the defendants did not adequately allege an improper act beyond the mere filing and main
• Ulizio v. Mmmg, LLC
  Fla. 4th DCA· 2022-03-09
• Senetas Corp., Ltd. v. DeepRadiology Corp.
  Del. Ch.· 2019-06-11
  The Court of Chancery found that the plaintiff, Senetas Corporation Limited, established a credible basis to infer possible mismanagement or wrongdoing by the defendant, DeepRadiology Corporation. The court also found that the defendant failed to demonstrate that the plaintiff's
• BRP Hold OX, LLC v. Chilian
  Del. Super. Ct.· 2018-10-31
  The Delaware Superior Court granted the employer's motion to dismiss the former employee's counterclaims. The court held that the tortious interference claim was barred by the absolute litigation privilege. The malicious prosecution and abuse of process claims failed due to the l
• Korotki v. Hiller & Arban, LLC
  Del. Super. Ct.· 2016-07-01
  The Court granted the Hiller Defendants' motion to dismiss Count V for abuse of process, finding that the plaintiffs failed to state a claim. The court determined that the allegations regarding the initiation of the fee collection lawsuit and the settlement offer letter did not m
• IN & FOR NEW Castle Cnty. Suzanne H. Pfeiffer v. State Farm Mut. Auto. Ins. Co.
  Del. Super. Ct.· 2011-12-20
  The appellate court affirmed the trial court's grant of summary judgment, holding that the plaintiffs failed to establish genuine issues of material fact for their claims of malicious prosecution and abuse of process. The court found no evidence of malice or ulterior motive by th
• Lopez-Morgan v. Reno
  1992 WL 64603· S.D. Fla.· 2000-03-23
  The court held that it has subject matter jurisdiction to hear the habeas corpus petition and that the AEDPA was improperly applied retroactively to the petitioner's waiver application.
• Refuse & Env't Sys., Inc. v. Indus. Servs. OF Am., Inc.
  932 F.2d 37· 1st Cir.· 1991-04-29
  The court held that there was insufficient evidence to support the slander verdict against Freedman individually, but affirmed the abuse of process finding. The Chapter 93A damages and attorney's fees awards were vacated and remanded for recalculation.
• Hoover v. Armco, Inc.
  915 F.2d 355· 8th Cir.· 1990-09-25
  The court held that the district court erred in finding that Hoover filed and litigated the March 1982 demotion claim and the retaliatory discharge claim in bad faith, as bad faith requires both a wholly frivolous contention and an ulterior purpose.
• Duboue v. The City OF NEW Orleans & Claudell Logan
  909 F.2d 129· 5th Cir.· 1990-08-16
  The court held that the tort of abuse of process requires more than merely instituting legal process; the plaintiff must show the process was used for an ulterior purpose after its institution. The award for abuse of process was reversed because the officer only initiated the pro
• Poduska v. Ward
  895 F.2d 854· 1st Cir.· 1990-02-08
  The court held that a jury's finding of abuse of process is permissible even with a small monetary award to the plaintiff, and that the trial court correctly handled jury confusion regarding special questions.
• Baya v. Revitz
  345 So. 2d 340· Fla. 3d DCA· 1977-03-08
  The taking of an appeal which presents justiciable issues decided after full appellate consideration of briefs, oral argument, and record is not an abuse of process as a matter of law under Florida common law.