Can a claim of bad faith or malice be dismissed as a result of a lack of capacity?
MultiRegion, United States of America
The following excerpt is from Wik v. Dollinger, 14-3003-cv (2nd Cir. 2015):
capacity. See Bliven v. Hunt, 579 F.3d 204, 209-10 (2d Cir. 2009) (recognizing that "even allegations of bad faith or malice cannot overcome judicial immunity").
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
What are the alternative grounds for a motion to dismiss a claim for wrongful dismissal of an action for breach of contract? (MultiRegion, United States of America)
What are the findings of an adjudicator/referee in a decision of 251 pages (1673 paragraphs) supporting the validity of a dismissal and dismissing a monetary claim? (Canada (Federal), Canada)
If a claim has become moot prior to the entry of final judgment, does the court have to dismiss the claim? (MultiRegion, United States of America)
Does a federal magistrate-judge err in finding that defendants in both official and individual capacities are immune from civil action in both their official capacity and their individual capacity? (MultiRegion, United States of America)
Does a claim of bad faith in a medical malpractice claim have to be proven by the Court of Appeal? (MultiRegion, United States of America)
What is the test for a motion to dismiss an order dismissing the third claim of the complaint? (MultiRegion, United States of America)
