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U.S. Express Lines, Ltd. v. Higgins

Attorneys' invocation of federal law, rather than procedural rule, in seeking maritime attachment did not support state-law claim of malicious abuse of process where attorneys disclosed alternatives to court.

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Argued November 26, 2001

OPINION OF THE COURT

In this appeal, we decide that the defendant lawyers’ decision to invoke federal case law, rather than a procedural rule, in persuading a district judge to issue a maritime attachment does not give rise to a cause of action for malicious abuse of civil process under state law. The lawyers did not act in bad faith because they disclosed the existence of the alternative courses to the Court. We also conclude that the conflict between the procedural rule and the opinion of a United States Court of Appeals raises a federal question sufficient to support removal of the malicious abuse of process claim from the state court to the federal forum. We will affirm the District Court’s judgment in favor of the defendants.

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