Legal Opinion
DeVaney v. Thriftway Marketing Corp.
New Mexico Supreme Court
Decided December 22, 1997No. 23581PublishedCited by 74 opinions
1Opinion of the Court
OPINION
MINZNER, Justice.(1) Plaintiff-Petitioner David DeVaney brought a tort action seeking damages for abuse of process and malicious prosecution. The trial court granted Defendants-Respondents Thriftway Marketing Corporation and its officers (collectively, “Thriftway”) summary judgment, and the Court of Appeals affirmed. We granted certiorari to revisit and clarify the elements required for the two torts on which DeVaney relies. Specifically, we address two issues: (1) whether, in an abuse of process claim, filing a complaint for an improper purpose may serve as the requisite improper act,…
2Cases cited71 opinions
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- St. Amant v. ThompsonSupreme Court of the United States · 1968
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
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3Cited by74 opinions
- Snyder v. Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.Tennessee Supreme Court · 1999
- Buck v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2008
- Coll v. First American Title InsuranceCourt of Appeals for the Tenth Circuit · 2011
- Durham v. GuestNew Mexico Supreme Court · 2009
- Thompson v. Maryland Casualty Co.Supreme Court of Colorado · 2004
69 more not listed; retrieve them via the Exa API.