Also known as: malfeasances · misconduct · official wrongdoing
Written by attorneys · grounded in primary & secondary sources — see below
Wrongful or unlawful conduct. The term applies especially to misconduct by a public official in the performance of official duties.
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Bernice promised to contribute her vessel to the partnership but later withheld it while negotiating a scrap sale. She then departed on a charter despite a severe weather forecast and an inoperable backup radio, causing major damage and an expensive rescue. The partnership sued for the resulting losses. The court found her conduct constituted malfeasance that served as a substantial factor in the harm even though another force also operated.
State officers conducted a warrantless search of a suspect's home and seized documents. The prosecution offered the documents at trial. The defense moved to suppress on the ground that the seizure involved malfeasance by the officers. The court excluded the evidence under the exclusionary rule applicable to the states.
A member of a member-managed LLC knowingly diverted company funds to a personal venture. The other members sued for breach of the duty of care. The court held that the member's malfeasance violated the statutory standard requiring members to refrain from willful or intentional misconduct.
After a divorce the court considered an award of maintenance. One spouse argued that the other's marital malfeasance should reduce the award. The court rejected the argument and set the amount without regard to the misconduct.
After judgment a party discovered that the opposing party had withheld key documents during discovery. The moving party filed a Rule 60 motion alleging malfeasance by the opponent. The court granted relief on the ground of misconduct by an opposing party.
A general partner in a limited partnership authorized a risky investment despite clear warnings of illegality. Limited partners sued for breach of the duty of care. The court found the partner's malfeasance amounted to knowing violation of law and imposed liability.
Malfeasance is wrongful or unlawful conduct. Some statutes define the duty of care to exclude only grossly negligent, reckless, willful, or knowing violations, so ordinary negligence alone may not qualify as malfeasance under those provisions.
Under the Uniform Marriage and Divorce Act the court sets maintenance without regard to marital misconduct. Malfeasance by a spouse therefore does not reduce or bar the award.
Rule 60(b)(3) permits relief when an opposing party engages in fraud, misrepresentation, or misconduct. Withholding responsive documents that contradict trial testimony constitutes such malfeasance and can justify reopening the judgment.
…raise other challenges to their convictions, including whether the district court properly admitted evidence of Samuel’s sexual misconduct under Evidence Rules 404(b) and 403, whether the crimes can be characterized as kidnapping for sentencing purposes, and whether the federal hate-crime statute exceeds Congress’s Commerce…