New Case on Termination Element of Wrongful Use of Civil Proceedings

/ 04.Sep, 2013
The Superior Court in Clausi v. Stuck, 2013 Pa. Super. 222 (Pa. Super. 2013) (underlying opinion here), found where a defamation claim was withdrawn against a wrongful use of civil proceedings (“Dragonetti Act”) plaintiff, but other claims remained pending, there was no “termination” of the underlying action under the Dragonetti Act definition.  The court also affirmed summary judgment on the plaintiff’s claim for abuse of process, noting that just because the underlying plaintiffs sought an apology, a remedy not available under the claim they were making, does not establish the underlying action was brought primarily for a purpose for which it was not intended.  The wrongful use of civil proceedings action arose out of a “porn viewing scandal” involving the firing of Northumberland Sheriff’s employees Michael Boris and Joseph Jones.  Attorney Gregory Stuck represented Boris and Jones in an action for defamation against Clausi after he made statements regarding the porn viewing at a December 29, 2009 meeting. –Josh J.T. Byrne, Esquire