Pursuit Opportunity Fund I Master Ltd. v. Claridge Assocs.

2 Citing cases

  1. Moorman v. Bremm

    CIVIL 3:21-CV-1300(OAW) (D. Conn. Oct. 5, 2022)

    To state an abuse of process claim, Plaintiff must “show: ‘(1) the defendant instituted proceedings or process against the plaintiff and (2) the defendant used the proceedings primarily to obtain a wrongful purpose for which the proceedings were not designed.'” Boyd v. City of Hartford, 2022 WL 3646168, at *7 (D. Conn. Aug. 24, 2022) (quoting 1 D. Pope, Connecticut Actions and Remedies, Tort Law (1993) § 8:02); Pursuit Opportunity Fund I Master Ltd. v. Claridge Assocs., LLC, 467 F.Supp.3d 32, 35 (D. Conn. 2020) (quoting Larobina v. McDonald, 274 Conn. 394, 403 (2005). “Liability will not be found when the process is used for the purpose for which it is intended, even in the presence of an ‘incidental motive of spite or an ulterior purpose of benefit to the defendant

  2. Sarner v. Caldwell-Boyd

    3:21-cv-987 (JAM) (D. Conn. Sep. 12, 2022)   Cited 3 times
    Discussing these requirements

    Thus, an abuse-of-process claim may be subject to dismissal without prejudice pending the termination of the underlying litigation. See, e.g., Pursuit Opportunity Fund I Master Ltd. v. Claridge Assocs., LLC, 467 F.Supp.3d 32, 36-37 (D. Conn. 2020). All these concerns apply here.