First Circuit: Scholz v. Goudreau

Given uncontroverted evidence of attempted compliance with the terms of the agreement, court did not abuse its discretion in holding that there was no issue for trial.

As the question was relevant to other matters, lack of objection to cross-examination questions on actual versus apparent authority did not constitute implied consent to an amendment of claim to include breach.

As damages are an element of the breach claim, court did not abuse its discretion in refusing entry of judgment on breach claim after jury's finding of breach in order to dispel the counterclaim.

Allegation that litigation was used to obtain contract rescission sounds in malicious prosecution, not in abuse of process.

Where the legitimate purpose of the claim is truthfully stated in the claim itself, the claim is not an abuse of process, however spitefully it might have been raised.

Court was within its discretion in refusing an award of fees.

Court was within discretion in admitting contemporaneous, ostensibly independent YT clip under the theory that it was part of the album's marketing.

http://media.ca1.uscourts.gov/pdf.opinions/17-1264P-01A.pdf