The plaintiff commenced an action against her husband's children and the lawyers who acted for him in prior divorce proceedings, alleging conspiracy, abuse of process, and other torts.
The defendants moved to strike or dismiss the claims under Rule 21.
The court dismissed the claims against the adverse lawyers, finding no duty of care was owed to the plaintiff.
The court also dismissed the tort claims for abuse of process, conspiracy, and intentional interference with economic relations as an abuse of process by relitigation, as they sought to undermine the final settlement reached in the divorce proceedings.
The defamation and intentional infliction of mental suffering claims were struck with leave to amend.
