The plaintiff's action for breach of a research agreement was dismissed at trial, and the defendant university's counterclaim was allowed.
The defendant sought its costs of the proceeding on a substantial indemnity basis, arguing that the plaintiff made unfounded allegations of fraud and deceit against the university and its personnel.
The court agreed, finding that the plaintiff's principal directed the litigation and used the court process to advance baseless and egregious allegations, constituting an abuse of process.
The court awarded the defendant $640,589.62 in substantial indemnity costs and held the plaintiff's principal personally liable for $150,000 of that amount as a non-party.
