The state Superior Court has revived an abuse of process suit against Fox Rothschild, Dillon McCandless King Coulter & Graham and two attorneys over claims that a coordination motion stemming from an underlying legal malpractice suit was a “sham” aimed at having the suit tried in a more favorable county.
A unanimous three-judge panel of the court overruled a decision from the Allegheny County Court of Common Pleas in Rupert v. King, which had tossed the abuse of process lawsuit for failure to state a claim. Judge Patricia H. Jenkins, who wrote the majority’s memorandum opinion, said the trial court had failed to accept the plaintiff’s allegations as true.
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