Abuse of process claims arise when the legal process – though proper in form—is used for an improper purpose that is counter to what the judicial system originally intended. Abuse of process claims are frequently filed in relation to commercial disputes, when one party believes that the legal system is being weaponized against them.

In the commercial context, abuse of process claims are commonly seen when businesses attempt to enforce contractual rights. A typical example would be when a party files suit to achieve collateral advantages rather than to resolve a genuine dispute: The goal may be to force the settlement of unrelated matters, to extract concessions beyond the existing contractual terms, to damage a competitor’s reputation, or to exhaust the other party’s financial resources through a protracted legal battle.

Abuse of process claims are frequently seen when a stronger party uses litigation as economic leverage to enforce a contract. A large corporation might file multiple actions against a smaller vendor over minor contract breaches: They’re not actually seeking legitimate remedies but rather may be using the legal system to force the vendor into accepting unfavorable terms on future agreements. The lawsuit itself becomes a negotiation tool rather than being filed to resolve real disputes.

When an accusation of abuse of process is filed, the court will look for patterns of behavior that are well known to be behind abuse of process allegations. These may include:

1. A series of legal actions involving similar claims that have repeatedly been filed despite prior dismissals
2. Burdensome discovery requests designed to impose costs on the defendant rather than to obtain useful information
3. Filing a petition for emergency injunctive relief without genuine urgency being present; the courts look to see if the goal is to disrupt the defendant’s operations or productivity
4. Requesting disproportionate compensation for a minor breach
5. Timing the filing of a claim to coincide with important business transactions

To prevail in an abuse of process claim, the party making the accusation needs to prove that the process against them was used with an ulterior motive that contradicted the intent of the judicial process. Demonstrating that the other party is an adversary or motivated by self-interest is not enough — the courts want to see evidence of specific improper objectives that go beyond the normal scope of litigation.

It is increasingly common for businesses to include abuse of process counterclaims in their defense strategy, as they are often successful in getting claims dismissed as well as in being awarded attorney’s fees, and costs. Some judges impose punitive damages too, which has led to some companies stepping back from the practice.

Assessing whether abuse of process is happening and whether to pursue a claim can be challenging, as courts work hard to weigh whether it acts as a bar to access to the courts or whether it prevents misuse. While abuse of process is an important protection against abusive tactics, it can also work against legitimate contract enforcement. To assess whether legal action against you represents an abuse of process, contact our experienced attorneys.