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14 Iowa opinions name it 2 courts 1982–2021 1 in the last five years
The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Wilson v. Hayesgreen2 sentences2007See Wilson v. Hayes, 464 N.W.2d 250, 266 (Iowa 1990) (noting the plaintiff must prove three elements to recover on an abuse-of-process claim). 2007See Wilson v. Hayes, 464 N.W.2d 250, 266 (Iowa 1990) (noting the plaintiff must prove three elements to recover on an abuse-of-process claim). | 4 | 4 |
Gibson v. ITT Hartford Ins. Co.green2 sentences2019See 621 N.W.2d 388, 398-99 (Iowa 2001). 2019“An abuse-of- process claim has three elements: (1) the use of a legal process (2) in an improper or unauthorized manner (3) that causes the plaintiff to suffer damages as a result of that abuse.” Gibson v. ITT Hartford Ins., 621 N.W.2d 388, 398 (Iowa 2001). 11 Here the district court found Butler provided no evidence the defendants used the legal process in an improper or unauthorized manner. | 2 | 2 |
Holiday Magic, Inc. v. Scottgreen2 sentences1986In both the Brody and Froning & Deppe cases, we relied on Holiday Magic, Inc. v. Scott, 4 Ill.App.3d 962, 969 , 282 N.E.2d 452, 456-57 (1972), which held that an act which is proper in the regular prosecution of a proceeding cannot be relied upon as a basis for an abuse of process claim. 1986In both the Brody and Froning & Deppe cases, we relied on Holiday Magic, Inc. v. Scott, 4 Ill.App.3d 962, 969 , 282 N.E.2d 452, 456-57 (1972), which held that an act which is proper in the regular prosecution of a proceeding cannot be relied upon as a basis for an abuse of process claim. | 2 | 2 |
Rees v. City of Shenandoahgreen1 sentence2018See Rees v. City of Shenandoah, 682 N.W.2d 77, 79 (Iowa 2004). | 1 | 1 |
Ahrens v. Ahrensgreen1 sentence2018See Ahrens, 386 N.W.2d at 538 (stating abuse of process occurs when “a lawfully used process is perverted to an unlawful use”). | 1 | 1 |
Strutz v. McNagnygreen1 sentence1998Bock, Annotation, When Statute of Limitations Begins to Run Against Action for Abuse of Process, 1 A.L.R.3d 953 , 954 (1965 & Supp.1997); see also Strutz v. McNagny, 558 N.E.2d 1103, 1106 (Ind.Ct.App.1990). | 1 | 1 |
The Standing Committee on Discipline of the United States District Court for the Southern District of California v. John M. Rossgreen1 sentence1997Standing Comm. on Discipline v. Ross, 735 F.2d 1168, 1172 (9th Cir.1984); see generally A.S. | 1 | 1 |
Kjellvander v. Citicorpgreen1 sentence1997Kjellvander v. Citicorp, 156 F.R.D. 138, 142 (S.D.Tex.1994). | 1 | 1 |
Sarvold v. Dodsongreen1 sentence1986We have most recently defined the elements of an abuse of process claim in Schmidt v. Wilkinson, 340 N.W.2d 282, 284-85 (Iowa 1983), drawing upon earlier discussions of abuse of process in Mills County State Bank v. Roure, 291 N.W.2d 1, 4 (Iowa 1980), and Sarvold v. Dodson, 237 N.W.2d 447, 448-49 (Iowa 1976). | 1 | 1 |
Mills County State Bank v. Rouregreen1 sentence1986We have most recently defined the elements of an abuse of process claim in Schmidt v. Wilkinson, 340 N.W.2d 282, 284-85 (Iowa 1983), drawing upon earlier discussions of abuse of process in Mills County State Bank v. Roure, 291 N.W.2d 1, 4 (Iowa 1980), and Sarvold v. Dodson, 237 N.W.2d 447, 448-49 (Iowa 1976). | 1 | 1 |
Sage International, Ltd. v. Cadillac Gage Co.green1 sentence1986See, e.g., Sage International Ltd. v. Cadillac Gauge Co., 556 F.Supp. 381, 388-90 (E.D.Mich.1982) (some irregular act in the use of process must be plead to state an abuse of process claim); The Savage Is Loose Co. v. United Artists Theater Circuit, Inc., 413 F.Supp. 555, 562 (S.D.N.Y.1976) (abuse of process action is not supported by post-lawsuit events interfering with use of property since they were “a concomitant of any lawsuit”); Unit, Inc. v. Kentucky Fried Chicken Corp., 304 A.3d 320 , 331-32 (Del.Super.Ct.1973) (abuse of process claimant must demonstrate “a threat or act in the use of | 1 | 1 |
Martin v. Trevinogreen1 sentence1986See, e.g., Sage International Ltd. v. Cadillac Gauge Co., 556 F.Supp. 381, 388-90 (E.D.Mich.1982) (some irregular act in the use of process must be plead to state an abuse of process claim); The Savage Is Loose Co. v. United Artists Theater Circuit, Inc., 413 F.Supp. 555, 562 (S.D.N.Y.1976) (abuse of process action is not supported by post-lawsuit events interfering with use of property since they were “a concomitant of any lawsuit”); Unit, Inc. v. Kentucky Fried Chicken Corp., 304 A.3d 320 , 331-32 (Del.Super.Ct.1973) (abuse of process claimant must demonstrate “a threat or act in the use of | 1 | 1 |
Melton v. . Rickmangreen2 sentences1986See, e.g., Sage International Ltd. v. Cadillac Gauge Co., 556 F.Supp. 381, 388-90 (E.D.Mich.1982) (some irregular act in the use of process must be plead to state an abuse of process claim); The Savage Is Loose Co. v. United Artists Theater Circuit, Inc., 413 F.Supp. 555, 562 (S.D.N.Y.1976) (abuse of process action is not supported by post-lawsuit events interfering with use of property since they were “a concomitant of any lawsuit”); Unit, Inc. v. Kentucky Fried Chicken Corp., 304 A.3d 320 , 331-32 (Del.Super.Ct.1973) (abuse of process claimant must demonstrate “a threat or act in the use of 1986See, e.g., Sage International Ltd. v. Cadillac Gauge Co., 556 F.Supp. 381, 388-90 (E.D.Mich.1982) (some irregular act in the use of process must be plead to state an abuse of process claim); The Savage Is Loose Co. v. United Artists Theater Circuit, Inc., 413 F.Supp. 555, 562 (S.D.N.Y.1976) (abuse of process action is not supported by post-lawsuit events interfering with use of property since they were “a concomitant of any lawsuit”); Unit, Inc. v. Kentucky Fried Chicken Corp., 304 A.3d 320 , 331-32 (Del.Super.Ct.1973) (abuse of process claimant must demonstrate “a threat or act in the use of | 1 | 1 |
The Savage is Loose Co. v. United Artists Theatre Circuit, Inc.green1 sentence1986See, e.g., Sage International Ltd. v. Cadillac Gauge Co., 556 F.Supp. 381, 388-90 (E.D.Mich.1982) (some irregular act in the use of process must be plead to state an abuse of process claim); The Savage Is Loose Co. v. United Artists Theater Circuit, Inc., 413 F.Supp. 555, 562 (S.D.N.Y.1976) (abuse of process action is not supported by post-lawsuit events interfering with use of property since they were “a concomitant of any lawsuit”); Unit, Inc. v. Kentucky Fried Chicken Corp., 304 A.3d 320 , 331-32 (Del.Super.Ct.1973) (abuse of process claimant must demonstrate “a threat or act in the use of | 1 | 1 |
Schmidt v. Wilkinsongreen1 sentence1986We have most recently defined the elements of an abuse of process claim in Schmidt v. Wilkinson, 340 N.W.2d 282, 284-85 (Iowa 1983), drawing upon earlier discussions of abuse of process in Mills County State Bank v. Roure, 291 N.W.2d 1, 4 (Iowa 1980), and Sarvold v. Dodson, 237 N.W.2d 447, 448-49 (Iowa 1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Grell v. Poulsen
green
2 sentences1988There must be evidence that the person accused of abuse of process “committed some act in the use of process that was not proper in the regular prosecution of the proceeding.” Id. at 664 . 1987At bottom, as we stated in Grell : “An[y] act which is proper in the regular prosecution of a proceeding cannot be relied upon as a basis for an abuse of process claim.” 389 N.W.2d at 664 . | 2 | 1987–1988 |
Heinz v. Heinz
green
1 sentence2021Id. (citation omitted). 7 On appeal, Steven’s argument focuses on the abuse-of-process claim.3 To recover on the abuse-of-process claim, the jury instructions required Michele to establish: 1. | 1 | 2021–2021 |
Fuller v. Local Union No. 106 of the United Brotherhood of Carpenters & Joiners
green
1 sentence2001Id. | 1 | 2001–2001 |
Palmer v. Tandem Management Services, Inc.
green
1 sentence1997Palmer, 505 N.W.2d at 817 ; Wilson v. Hayes, 464 N.W.2d 250, 266 (Iowa 1990). | 1 | 1997–1997 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.