Legal Opinion
General Refractories Company Grefco, Inc. v. Fireman's Fund Insurance Company Gilberg & Kiernan Andrew Butz General Refractories Company
Court of Appeals for the Third Circuit
Decided July 24, 2003No. 02-2211PublishedCited by 161 opinions
1Opinion of the Court
OPINION OF THE COURT
RENDELL, Circuit Judge.
General Refractories Company (GRC) appeals the dismissal with prejudice of its claims of abuse of process and civil conspiracy against the law firm of Gilberg & Kiernan and one of its attorneys, Andrew Butz, Esq. We agree with the District Court that the Complaint failed to state a claim, under Pennsylvania law, for abuse of process, but conclude that it abused its discretion in denying GRC leave to amend the Complaint as to that claim. We further disagree with the District Court that the judicial privilege necessarily would insulate the attorney…
2Cases cited33 opinions
- Stanford Shane Otis Terrell Robert Stewart v. William Fauver, Commissioner James Barbo, Administrator Rogers, Chief Director of CustodyCourt of Appeals for the Third Circuit · 2000
- Barquis v. Merchants Collection Assn.California Supreme Court · 1972
- Orson, Inc. T/a Roxy Screening Rooms v. Miramax Film Corp. Orson, Inc., D/b/a/ Roxy Screening RoomsCourt of Appeals for the Third Circuit · 1996
- Givens v. Mullikin Ex Rel. McElwaneyTennessee Supreme Court · 2002
- Vivian Johnson v. Hills & Dales General HospitalCourt of Appeals for the Sixth Circuit · 1994
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3Cited by161 opinions
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- Accurso v. Infra-Red Services, Inc.District Court, E.D. Pennsylvania · 2014
- Bair v. PurcellDistrict Court, M.D. Pennsylvania · 2007
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