Leighton v. Lowenberg
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The Supreme Judicial Court affirmed in part and vacated in part the judgment of the superior court dismissing Plaintiff's claims for abuse of process and wrongful use of civil proceedings, holding that the trial court erred in dismissing Plaintiff's claim for wrongful use of civil proceedings.
Plaintiff sued three New York-based dentists and their dental practice (collectively, Defendants) asserting claims for abuse of process, wrongful use of civil proceedings, and punitive damages. Defendants filed a motion to dismiss for failure to state a claim pursuant to Me. R. Civ. P. 12(b)(6). The trial court granted the motion. The Supreme Judicial Court reversed in part, holding that Plaintiff's complaint stated a claim for wrongful use of civil proceedings but not for abuse of process.
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