Legal Opinion
U.S. Express Lines, Ltd. v. Higgins
Court of Appeals for the Third Circuit
Decided February 15, 2002No. 00-4205UnknownCited by 154 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this appeal, we decide that the defendant lawyers’ decision to invoke federal case law, rather than a procedural rule, in persuading a district judge to issue a maritime attachment does not give rise to a cause of action for malicious abuse of civil process under state law. The lawyers did not act in bad faith because they disclosed the existence of the alternative courses to the Court. We also conclude that the conflict between the procedural rule and the opinion of a United States Court of Appeals raises a federal question sufficient to support…
2Cases cited42 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993
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3Cited by154 opinions
- U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
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- ADVANCED ORTHOPEDICS AND SPORTS MEDICINE INSTITUTE, PC v. OXFORD HEALTH INSURANCE INC.District Court, D. New Jersey · 2022
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