Boschette v. Bach’s Empirical Analysis
1996
Citation profile
4 district · 1 state decisions
How this case has been cited
Cited by 6 later decisions — most recently April 2018
4 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · First Nat. Bank of Ariz. v. Cities Service Co. · Federal Energy Administration v. Algonquin SNG, Inc. · Robert C. Hahn v. Francis W. Sargent
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The action of abuse of process is less developed in the civil code than in the common law. See Harrington v. U.S., 748 F.Supp. 919, 934 (D.P.R.1990) (‘Although the tort of abuse of process has been recognized in Puerto Rico, the Supreme Court has failed to identify its essential elements.’). Like its cousin malicious prosecution, abuse of process finds its roots in Article 1802 of the Civil Code, Puerto Rico’s general tort provision. Flamand v. Am. Int’l Group, Inc., 876 F.Supp. 356, 370 (D.P.R.1994) (citing Reyes-Cardona, 694 F.2d [894,] 896 [(1st Cir.1982)]). As with malicious prosecution, it has been left to the courts to determine what are the elements of such cause of action arising under Article 1802. Puerto Rico’s civil law recognizes the doctrine of ‘abuso del derecho’ (abuse of law or right) as well as ‘uso ilegal o indebido de un procedimiento judicial’ (illegal or undue use of judicial process).””
1 later decision quote this exact passage · from the majority“[f]iling of a lawsuit is a regular use of process, and therefore, may not on its own fulfill the requirement of an abusive act, even if the decision to sue was influenced by a wrongful motive, purpose or intent.”
1 later decision quote this exact passage · from the majority“[M]alicious prosecution is used to challenge the whole of a lawsuit while abuse of process covers the allegedly improper use of legal procedures after a suit has been filed properly.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.