FKB’s Andrew R. Jones and Jason H. Seiler obtain dismissal of a complaint in Federal Court, Eastern District of New York on behalf of a matrimonial attorney, accused by his client’s ex-spouse, of abusing the legal process in the course of an underlying divorce matter. Plaintiff alleged specifically that the attorney (counsel for the ex-wife) abused the legal process by tying a potential settlement of the divorce matter – allegedly against his client’s will – to a global settlement with respect to a number of other lawsuits brought by the Plaintiff against his ex-wife’s family and friends (arising out of the personal acrimony stemming from the facts surrounding the divorce).

FKB moved to dismiss the complaint’s sole claim for abuse of process on the grounds that, among other things, Plaintiff failed to adequately identify the “process” that was allegedly abused (and that there was no process so abused) and also failed to plead special damages arising therefrom, as the result of the failed settlement negotiation was that Plaintiff ultimately had to give testimony in the divorce matter.  After extensive briefing, the Court granted FKB’s motion in its entirety opining that the inability to settle, and the resulting cost of civil litigation could not constitute a “process” capable of being abused.  The Court also opined that Plaintiff’s references to “unjustified legal fees” and “emotional distress” were not sufficient to allege the element of special damages required to prove an abuse of process.

If you have any questions about this decision or the defense of attorneys and other professionals, please contact Andrew R. Jones or Jason H. Seiler.