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Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 57408
Experience:  Licensed attorney helping individuals and businesses.
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My lawsuit for malicious prosecution, abuse of proces, etc.: now

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My lawsuit for malicious prosecution, abuse of proces, etc.:
now in mediation. opposing parties mediation brief is so full of BS that I still smell it with five clothespins on my nose. They now raise a dubious theory not previous disclosed in their numerous disclosure statements. They claim that regarding abuse of process, "plaintiff's abuse of process claim fails as a matter of law because it was a compulsory counterclaim that plaintiff did in fact raise during the underlying litigation." They cite several cases such as Lansford versus Harris, O'Brien versus Scottsdale discount Corp. which both seem to support our side or are irrelevant. This seems like a red herring to distract us the day before the mediation. I know you have almost no facts, but what on earth might they be talking about?
This is largely used to distract the court from the facts and claims. Practically, abuse of process is usually pursued as a separate lawsuit once the entire abusive case is dismissed and found to be baseless/frivolous.
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