Monday, March 2, 2015

A malicious prosecution claim: (AKA Fraud on the Court)

Pennsylvania law requires that a
plaintiff bringing a malicious prosecution claim must demonstrate
each of the following:
     (1) the defendant initiated criminal proceedings;
     (2) the criminal proceedings ended in Plaintiffs’
     (3) the proceedings were initiated without probable
     cause; and
     (4) the defendant acted maliciously or for a purpose
     other than bringing the plaintiff to justice.
Bradley v. General Accident Ins., 778 A.2d 707, 710 (Pa. Super.

  In order to state a claim for abuse of process, a plaintiff must  demonstrate that the defendant: (1) used a legal process against the plaintiff, (2) primarily to accomplish a purpose for which the      process was not designated, and (3) harm has been caused to the    plaintiff.  Douris, 229 F.Supp.2d at 404.