Abuse of Process definition

Abuse of Process means the complaint process is not being fairly or honestly used, or where multiple or successive complaints are made to cause vexation or oppression.
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Abuse of Process means the misuse of the legal process for an ulterior purpose, improper purpose, or a purpose different than the proceeding’s intended purpose.
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Abuse of Process means the act of bringing and following through with a civil or
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Examples of Abuse of Process in a sentence

  • The Claimant objects to production on the basis that the Respondent has not explained why the documents are relevant to proving its Abuse of Process objection.

  • The Claimant agrees that the Respondent bears the burden of proving its Abuse of Process objection.

  • The commercial rationale for the restructure cannot be determinative of the Respondent’s Abuse of Process objection – the sole factor relevant to the Respondent’s position is the foreseeability of the dispute.

  • The Claimant repeats its Reply to Objections to Request No.1 and adds: Relevance: The requested Documents are relevant to the Claimant’s defence of the Abuse of Process objection as they will show the date on which the Respondent first sought external legal advice on the measures that now form the basis for this dispute.

  • The Documents requested are relevant to the Claimant’s position and are likely to be material to the outcome of the Abuse of Process objection.

  • Amount: $1,000,000 Actual Award: $300,000 State: South Carolina Injury Type(s): • mental/psychological - emotional distress Case Type: • Intentional Torts - Conspiracy; Abuse of Process • Employment - Wrongful Termination Plaintiff(s): • Mary Rita Watson (Female, 47 Years) • Gregg E.

  • It is in this context that I am of the opinion that there is no time like the present and I shall proceed to examine the submissions on Abuse of Process.

  • The commercial rationale for the restructure cannot be determinative of the Respondent’s Abuse of Process objection.

  • The burden on the Respondent regarding its Abuse of Process claim is to show that the present dispute pertaining to the Amendment Act was foreseeable at the time of the corporate restructure.

Related to Abuse of Process

  • Agent for Service of Process means every person now or hereafter appointed by the Contractor to be served or to accept service of process in any State of the United States. Without excluding any other method of service authorized by law, the Contractor agrees that every Agent for Service of Process is designated as its non-exclusive agent for service of process, summons, and complaint. The Contractor will instruct each Agent for Service of Process that after such agent receives the process, summons, or complaint, such agent shall promptly send it to the Contractor. This subsection (ii) does not apply while the Contractor maintains a registered agent in North Carolina with the office of the N. C. Secretary of State and such registered agent can be found with due diligence at the registered office.

  • Use of Proceeds Charges" "Conflicts of Interest" "Redemptions; Net Asset Value" "The Trust and the Trustee" "Federal Income Tax Aspects" In connection with making the representations and warranties set forth in this paragraph, the Additional Selling Agent shall not rely on inquiries made by or on behalf of any other parties. The Additional Selling Agents shall inform all prospective purchasers of Units of all pertinent facts relating to the liquidity and marketability of the Units as set forth in the Prospectus. The Additional Selling Agent shall offer and sell Units in compliance with the requirements set forth in the Registration Statement (particularly the "Subscription Requirements" attached as Exhibit B thereto), this Agreement and the Blue Sky Survey delivered to the Lead Selling Agent by the Managing Owner's counsel, a copy of which has been provided to each Additional Selling Agent. An Additional Selling Agent shall represent and warrant that it shall comply fully at all times with all applicable federal and state securities and commodities laws (including without limitation the 1933 Act, the Securities Exchange Act of 1934, as amended (the "1934 Act"), the Commodity Exchange Act, as amended (the "CEA"), and the securities and Blue Sky laws of the jurisdictions in which the Additional Selling Agent solicits subscriptions, all applicable rules and regulations under such laws, and all applicable requirements, rules, policy statements and interpretations of the NASD, and the securities and commodities exchanges and other governmental and self-regulatory authorities and organizations having jurisdiction over it or the offering of Units). The Additional Selling Agent shall under no circumstances engage in any activities hereunder in any jurisdiction (i) in which the Managing Owner has not informed the Additional Selling Agent that counsel's advice has been received that the Units are qualified for sale or are exempt under the applicable securities or Blue Sky laws thereof or (ii) in which the Additional Selling Agent may not lawfully engage. Each Additional Selling Agent shall further agree to comply with the requirement under applicable federal and state securities laws to deliver to each offeree a Prospectus and any amendments or supplements thereto (including summary financial information, if available, after the Trust has commenced operations). Neither the Additional Selling Agent nor any of its employees, agents or representatives will use or distribute any marketing material or information other than that prepared by the Trust and the Managing Owner.

  • restriction of processing means the marking of stored personal data with the aim of limiting their processing in the future;

  • Action or Proceeding means any action, suit, proceeding, arbitration or investigation by or before any Governmental Authority.

  • Process or “Processing” means any operation or set of operations which is performed upon the Personal Data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure, or destruction.