Tag Archives: abuse of process

Court tosses abuse of process claim brought by former file sharing defendant

Chan v. Priority Records, LLC, No. 07-15449, 2008 WL 2447147 (E.D. Mich. June 18, 2008)

Priority Records sued Candy Chan for copyright infringement, claiming she used iMesh to download and trade music files. The record company withdrew the suit when Ms. Chan told them it was her daughter that traded the files. The daughter became a defendant too, but that case was thrown out on a procedural issue.

Ms. Chan tried to recover her attorney’s fees in the copyright lawsuit against her, but the court denied the request. So she filed her own lawsuit against Priority Records, its law firm, and Settlement Support Center, alleging abuse of process and violation of the Racketeer Influenced and Corrupt Organizations Act (RICO).

The defendants moved to dismiss. The court granted the motion.

It held that Ms. Chan’s claims could have — and, pursuant to Fed. R. Civ. P. 13(a) should have — been brought as compulsory counterclaims. Ms. Chan had raised these issues (but did not file the counterclaim) in the underlying copyright suit. Most of the allegations in this suit alleged illegal conduct occurring prior to the filing of the underlying copyright suit. And many of the allegations involved only Ms. Chan’s daughter, not Ms. Chan herself.