Grell v. Poulsen
Iowa Supreme Court
389 N.W.2d 661 (1986)
William Grell and his wife (plaintiffs) sued their former employer Paul Poulsen and business associate John Underwood (defendants) for quantum meruit, claiming an oral promise of a partnership interest in Poulsen's drink-mix business; Poulsen and Underwood counterclaimed for abuse of process, alleging the Grells filed suit to benefit the competing drink-mix business of William's brother. A jury rejected the Grells' quantum meruit claim and awarded the defendants damages for abuse of process, the trial court denied the Grells' post-trial motions, and they appealed.
Whether an abuse-of-process claim can succeed based solely on an allegation that the plaintiff filed suit with an improper motive, without any improper act committed during the litigation itself.