Wednesday, September 28, 2022

The MyPillow Precedent Hamstrings Sydney Powell

The United States District Court for the District of Columbia has dismissed Sydney Powell's counterclaim against Dominion

Even if Powell adequately alleged that Dominion had an ulterior motive in bringing its lawsuit, her counterclaim fails under the second element. Powell’s core allegation is that “Dominion’s initiation and maintenance of its lawsuit against Defendants constitutes an abuse of process.” Powell Counterclaim, ECF No. 49 at ¶ 73. “But the mere pursuit of a lawsuit, just like the mere filing [of] a lawsuit, does not support an abuse of process claim.” MyPillow, 2022 WL 1597420, at *4. Instead, Powell must allege that Dominion, after filing its suit, performed some act that perverted the judicial process. See Spiller, 362 F. Supp. 3d. at 6. But Powell’s complaint fails to link her abuse-of-process claim to any act that Dominion has taken other than filing and pursuing its lawsuit. See Powell Counterclaim, ECF No. 49 at ¶¶ 67–73 (focusing entirely on an ulterior motive). She has thus failed to state a claim for abuse of process.

District Judge Carl Nichols has the litigation. (Mike Frisch)

Current Affairs | Permalink


Post a comment